Glenn T. McMahon v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Glenn T. McMahon filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving the influenza vaccine on October 9, 2018, and the pneumococcal conjugate 13-valent vaccine on June 18, 2019.
He claimed the SIRVA was a Table Injury or, in the alternative, a caused-in-fact or significantly aggravated injury. Respondent denied that Mr.
McMahon sustained a SIRVA or that the vaccines caused or aggravated his alleged shoulder injuries. Despite these denials, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation.
The court found the stipulation reasonable and adopted it as its decision. Mr.
McMahon was awarded a lump sum of $2,500.00, representing compensation for all items of damages available under Section 15(a). The case was settled based on this stipulation, with the parties agreeing to proceed to further proceedings for attorneys' fees and costs.
Source PDFs
USCOURTS-cofc-1_20-vv-00848