Scott Southerland v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

On December 28, 2020, Scott Southerland filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on November 17, 2018. Petitioner stated the vaccine was administered in the United States, that he experienced residual effects of the injury for more than six months, and that there had been no prior award or settlement of a civil action for damages related to his condition.

The respondent denied that the petitioner sustained a SIRVA Table injury, denied that the vaccine caused the 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 reached a joint stipulation for settlement on May 1, 2023.

Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision.

Pursuant to the stipulation, Mr. Southerland was awarded a lump sum of $12,500.00, payable by check to the petitioner, as compensation for all items of damages available under Section 15(a) of the Vaccine Act.

This amount represents a compromise of the parties' respective positions on liability and damages. The decision was issued on June 6, 2023.

Petitioner was represented by Scott William Rooney of Nemes, Rooney P.C., and the respondent was represented by Emily H. Manoso of the U.S.

Department of Justice.