Randy Richards v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Randy Richards filed a petition for compensation under the National Vaccine Injury Compensation Program on August 7, 2020, alleging he sustained a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on September 12, 2018. Respondent, the Secretary of Health and Human Services, denied that Petitioner sustained a SIRVA, denied that the vaccine caused his alleged shoulder injury, and denied that his current condition was a sequelae of a vaccine-related injury.
The parties filed a joint stipulation on March 29, 2022, agreeing to settle the case. Chief Special Master Brian H.
Corcoran adopted the stipulation as the decision awarding damages. Petitioner was awarded a lump sum of $40,230.00, payable to Petitioner, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act.
The decision was filed on May 10, 2022. Petitioner was represented by Bridget Candace McCullough of Muller Brazil, LLP, and Respondent was represented by Christine Mary Becer of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case.
Theory of causation
Petitioner Randy Richards received an influenza vaccine on September 12, 2018, and alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) within the time frame set forth in the Vaccine Injury Table, with residual effects lasting more than six months. Respondent denied the SIRVA, causation, and sequelae. The parties reached a joint stipulation for settlement. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner $40,230.00 as a lump sum. This award represents compensation for all damages under 42 U.S.C. § 300aa-15(a). The stipulation, filed March 29, 2022, and adopted as the decision on May 10, 2022, does not detail the specific mechanism of injury, expert testimony, or the basis for the settlement compromise. Petitioner was represented by Bridget Candace McCullough (Muller Brazil, LLP), and Respondent by Christine Mary Becer (U.S. Department of Justice).
Source PDFs
USCOURTS-cofc-1_20-vv-00984