Anatoliy Chudnovskiy v. HHS - Influenza, left-sided shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Anatoliy Chudnovskiy filed a petition on June 8, 2020, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered a left-sided shoulder injury related to vaccine administration (SIRVA) causally related to receiving an influenza vaccine on October 16, 2018.
The influenza vaccine is listed on the Vaccine Injury Table. The respondent, the Secretary of Health and Human Services, denied that the petitioner sustained a Table SIRVA within the timeframe set forth in the Table, and denied that the flu immunization caused the petitioner's alleged shoulder injury or any other injury.
However, the parties filed a joint stipulation on November 15, 2021, agreeing to settle the case. Chief Special Master Brian H.
Corcoran adopted the stipulation as the decision awarding damages. Mr.
Chudnovskiy was awarded a lump sum of $27,500.00, payable to him, as compensation for all items of damages. The decision was entered on December 15, 2021.
Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Wei Kit Tai of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, diagnostic tests, or treatments received by the petitioner, nor does it name any medical experts.
Theory of causation
Petitioner Anatoliy Chudnovskiy alleged a left-sided shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 16, 2018. The influenza vaccine is listed on the Vaccine Injury Table. The respondent denied that the injury was a Table SIRVA or that the flu immunization caused the injury. The parties filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $27,500.00 for all items of damages. Petitioner was represented by Maximillian J. Muller, and respondent by Wei Kit Tai. The public decision does not detail the specific mechanism of injury, expert testimony, or diagnostic findings.
Source PDFs
USCOURTS-cofc-1_20-vv-00685