Casimir Chmielewski v. HHS - Influenza, shoulder injury related to vaccine administration (2023)

Casimir Chmielewski filed a petition on December 16, 2020, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 22, 2019. He claimed this was a Table injury and, in the alternative, that the vaccine caused his shoulder injury.

The respondent denied that Mr. Chmielewski sustained a SIRVA Table injury or that the vaccine caused his alleged shoulder injury.

Despite the denial, the parties filed a joint stipulation on January 9, 2023, agreeing that compensation should be awarded. Chief Special Master Brian H.

Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. Mr.

Chmielewski was awarded a lump sum of $65,000.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments.

Petitioner was represented by Richard H. Moeller of Moore, Heffernan, et al., and Respondent was represented by Joseph Adam Lewis of the U.S.

Department of Justice.