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

David Dubriske filed a petition for compensation under the National Vaccine Injury Compensation Program on April 30, 2020, alleging that he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine he received on September 12, 2018. Petitioner alleged that the vaccine was administered in the United States and that he suffered residual effects of the injury for more than six months, with no prior award or settlement for this condition.

Respondent denied that the SIRVA onset occurred within the Table timeframe, denied that the flu vaccine caused the alleged shoulder injury or any other injury, and denied that the current disabilities were a sequela of a vaccine-related injury. Despite these disagreements, the parties filed a joint stipulation on January 25, 2022, agreeing to settle the case and award compensation.

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

The stipulation awarded David Dubriske a lump sum of $45,000.00, payable to Petitioner, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. This award was a compromise of the parties' respective positions on liability and damages.

Petitioner was represented by Jeffrey S. Pop of Jeffrey S.

Pop & Associates, and Respondent was represented by Mallori Browne Openchowski of the U.S. Department of Justice.

The decision was issued on March 3, 2022.