Brandon Sauter v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Brandon Sauter filed a petition for compensation under the National Vaccine Injury Compensation Program on October 16, 2020. He alleged that he received an influenza vaccine on October 27, 2019, and subsequently suffered a left shoulder injury related to vaccine administration (SIRVA) within the timeframe specified by the Vaccine Injury Table.
Mr. Sauter further alleged that he experienced residual effects from this injury for more than six months.
The respondent, the Secretary of Health and Human Services, denied that Mr. Sauter sustained a SIRVA Table injury, denied that the flu vaccine caused his alleged shoulder injury, and denied that the flu vaccine caused any other injury or his current condition.
Despite these opposing positions, the parties reached a joint stipulation to settle the case. Chief Special Master Brian H.
Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision. Pursuant to the stipulation, Mr.
Sauter was awarded a lump sum of $56,790.61, payable by check to the petitioner, as compensation for all damages available under the program. This award represents a settlement of both liability and damages.
The parties also agreed to proceed with further proceedings to determine reasonable attorneys' fees and costs. The decision was issued on November 17, 2023.
Petitioner was represented by Jessica Witmer Hayes of the Murray Law Firm, and respondent was represented by Emilie Williams of the U.S. Department of Justice.
Theory of causation
Petitioner Brandon Sauter received an influenza vaccine on October 27, 2019, and alleged a left shoulder injury related to vaccine administration (SIRVA) within the Vaccine Injury Table timeframe, with residual effects lasting over six months. Respondent denied a SIRVA Table injury and causation. The parties filed a joint stipulation to settle. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $56,790.61 as compensation for all damages. The stipulation does not detail specific medical experts, clinical findings, or a precise mechanism of injury, but acknowledges the case falls under the "Table" category for SIRVA. The award represents a settlement of liability and damages, with further proceedings to address attorneys' fees and costs. The decision date was November 17, 2023. Petitioner's counsel was Jessica Witmer Hayes, and respondent's counsel was Emilie Williams.