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

David Frank filed a petition for compensation under the National Vaccine Injury Compensation Program on April 21, 2020, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 12, 2018. He further alleged residual effects for more than six months.

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 denials, the parties filed a joint stipulation on February 1, 2022, agreeing to settle the case and award compensation.

Chief Special Master Brian H. Corcoran adopted the stipulation as his decision.

The award consisted of a lump sum of $39,500.00, payable to the petitioner, representing compensation for all items of damages. The decision was issued on March 4, 2022.

Petitioner was represented by Harrison Whitten Long of Rawls Law Group, and respondent was represented by James Vincent Lopez of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical tests, or treatments received by the petitioner.