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

Robert Einweck filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine administered on November 1, 2019. He also received a Tdap vaccine on October 21, 2019.

Mr. Einweck claimed the flu vaccine caused his SIRVA and that he experienced residual effects for more than six months.

Respondent denied that Mr. Einweck sustained a SIRVA or that the vaccines caused his injury.

Despite these differing positions, the parties filed a joint stipulation agreeing to settle the case and award compensation. The court adopted the stipulation, awarding Mr.

Einweck a lump sum of $45,000.00 and an additional $593.27 to reimburse a Medicaid lien. This award represents compensation for all damages available under the Vaccine Act.

The decision was issued on May 20, 2022, following the stipulation filed on April 4, 2022, and the petition filed on May 5, 2020.