Herbert Degan, III v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

Herbert Degan, III filed a petition for compensation under the National Vaccine Injury Compensation Program on June 15, 2020, alleging a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on October 31, 2018. Petitioner stated the vaccine was administered in the United States, his symptoms lasted more than six months, and he had not previously filed an action or received compensation for these injuries.

The respondent, the Secretary of Health and Human Services, denied that the vaccine caused a Table injury for SIRVA or any other injury, and denied that petitioner's current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on September 8, 2022, agreeing to settle the case.

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

Mr. Degan was awarded a lump sum of $45,000.00, payable to him, representing compensation for all items of damages available under the program.

This amount is intended to cover all damages related to his alleged SIRVA. Petitioner was represented by Maximillian J.

Muller of Muller Brazil, LLP, and the respondent was represented by Meghan Murphy of the U.S. Department of Justice.

The stipulation stated that it represented a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, and was not an admission by the United States or the Secretary of Health and Human Services that the vaccine caused the alleged injury.