Gary Allen v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2021)

Gary Allen filed a petition for compensation on February 24, 2020, alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 25, 2017. Mr.

Allen stated the vaccine was administered in the United States, he experienced residual effects for more than six months, and had no prior award or settlement for this condition. The respondent denied that the petitioner sustained a SIRVA Table injury, denied that the vaccine caused the alleged shoulder injury or any other injury, and denied that his current condition was a sequela of a vaccine-related injury.

Despite these positions, the parties filed a joint stipulation on June 1, 2021, agreeing to settle the case. Chief Special Master Brian H.

Corcoran adopted the stipulation as his decision. Pursuant to the stipulation, Gary Allen was awarded $34,000.00 as compensation for all damages, to be paid as a lump sum in the form of a check payable to the petitioner.

This amount represents a compromise of liability and damages, and the stipulation explicitly states it does not constitute an admission by the respondent that the vaccine caused the injury. Petitioner was represented by Bridget Candace McCullough of Muller Brazil, LLP, and respondent was represented by Naseem Kourosh of the U.S.

Department of Justice.