Kevin T. Gaines v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2022)

Kevin T. Gaines filed a petition on December 9, 2019, seeking compensation under the National Vaccine Injury Compensation Program.

He alleged that on December 19, 2016, he received an influenza vaccine and subsequently suffered a left shoulder injury related to vaccine administration (SIRVA). Mr.

Gaines stated that the vaccine was administered in the United States, that he experienced residual effects for more than six months, and that he had not received a prior award or settlement for this condition. The respondent, the Secretary of Health and Human Services, denied that Mr.

Gaines sustained a SIRVA Table injury, denied that the flu vaccine caused his alleged shoulder injury or any other injury, and denied that his current condition was a sequelae of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on February 15, 2022, agreeing to settle the case.

Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Kevin T.

Gaines $70,000.00 as compensation for all damages available under the Vaccine Act. This award represents a compromise of the parties' respective positions on liability and damages.

The decision was issued on March 18, 2022. Petitioner was represented by Howard Dale Mishkind of Mishkind Law Firm Co., L.P.A., and respondent was represented by Matthew Murphy of the U.S.

Department of Justice.