Wesley Dumas v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)

Filed 2019-12-31Decided 2022-05-10Vaccine Influenza
compensated$55,000

Case summary [AI summaries can sometimes make mistakes]

Wesley Dumas filed a petition for compensation under the National Vaccine Injury Compensation Program on December 31, 2019. He alleged that he sustained a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on October 16, 2018.

The petitioner stated the vaccine was administered in his right shoulder, while vaccine records indicated the left arm. Respondent denied that the petitioner sustained a SIRVA Table injury, denied that the injury was caused by the flu vaccine, and denied that the flu vaccine caused any other injury or the current condition.

Despite these denials, the parties filed a joint stipulation on March 29, 2022, agreeing to a settlement. Chief Special Master Brian H.

Corcoran adopted the stipulation as his decision. Pursuant to the stipulation, Wesley Dumas was awarded $55,000.00 in a lump sum for pain and suffering, payable by check to the petitioner.

This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision was entered on May 10, 2022.

Petitioner was represented by Bruce William Slane. Respondent was represented by Emilie Williams and George R.

Grimes. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.

Theory of causation

Petitioner Wesley Dumas alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine on October 16, 2018, alleging residual effects for more than six months. Respondent denied a Table SIRVA injury and causation. The parties reached a joint stipulation for settlement. The public text does not detail the specific mechanism of injury, expert testimony, or the specific Table category relied upon, other than stating it was a "Table SIRVA injury." The stipulation states the award of $55,000.00 for pain and suffering represents compensation for all damages under 42 U.S.C. § 300aa-15(a). The decision was entered by Chief Special Master Brian H. Corcoran on May 10, 2022, based on the stipulation filed March 29, 2022. Petitioner's counsel was Bruce W. Slane, and respondent's counsel was Emilie Williams.

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