Brian “Larry” Atkins v. HHS - Influenza, mass on the left deltoid (2025)

Brian “Larry” Atkins filed a petition alleging that an influenza vaccine he received on October 15, 2018, caused a mass on his left deltoid. He contended that the vaccine was administered by an entity with inadequate safety controls, leading to similar injuries in others.

This case was one of several related petitions, and the parties agreed to use a test case, Silvers v. Secretary of Health & Human Services, to determine entitlement.

In that test case, the court found that the influenza vaccine caused a shoulder skin abscess associated with a bacterial infection. Respondent filed a Rule 4(c) Report in Mr.

Atkins' case, electing not to defend and requesting a ruling on the record. Based on the evidence and the Silvers decision, the court found Mr.

Atkins entitled to compensation. Subsequently, Respondent filed a proffer proposing an award of $10,000.00 for pain and suffering.

The court reviewed the proffer and found it reasonable, adopting it as the decision awarding damages. The total award was $10,000.00, representing all elements of compensation to which Mr.

Atkins is entitled.