Andre Gargano v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

Andre Gargano filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine he received on October 17, 2017. He further alleged that the effects of his shoulder injury lasted for longer than six months.

Respondent denied that Petitioner 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 is a sequelae of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on June 30, 2022, agreeing that a decision should be entered awarding compensation.

The court found the stipulation reasonable and adopted it as its decision awarding damages. Andre Gargano was awarded a lump sum of $67,500.00, which represents compensation for all items of damages available under Section 15(a) of the Vaccine Act.