John Simpson v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
On September 2, 2020, John Simpson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on August 25, 2018. Mr.
Simpson stated the vaccine was administered in the United States, that he experienced residual effects for more than six months, and that no civil action had been brought. The respondent, the Secretary of Health and Human Services, denied that Mr.
Simpson sustained a SIRVA Table injury, denied that the vaccine caused his alleged shoulder injury or any other injury, and denied that his current condition was a sequela of a vaccine-related injury. Despite these positions, the parties filed a joint stipulation on August 8, 2022, agreeing to settle the case.
Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Mr.
Simpson a lump sum of $55,000.00 as compensation for all items of damages. The decision was finalized on September 12, 2022.
Petitioner was represented by Andrew Donald Downing of Downing, Allison & Jorgenson, and Respondent was represented by Rachelle Bishop of the U.S. Department of Justice.
Theory of causation
Petitioner John Simpson alleged a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on August 25, 2018. The respondent denied that the injury was a SIRVA Table injury or that the vaccine caused the alleged shoulder injury. The parties filed a joint stipulation agreeing to settle the case, with the respondent denying liability. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $55,000.00. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical findings. The theory of causation is based on the "Table" for SIRVA, as the parties stipulated to a settlement without admitting causation. Petitioner was represented by Andrew Donald Downing, and Respondent was represented by Rachelle Bishop. The decision was issued on September 12, 2022.
Source PDFs
USCOURTS-cofc-1_20-vv-01124