Robert Miller v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

Robert Miller 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 January 7, 2020. He stated the vaccine was administered in the United States, the injury's effects lasted more than six months, and he had no prior award or settlement for this condition.

Respondent denied that the flu vaccine caused the injury but, maintaining their positions, the parties filed a joint stipulation to settle the case. The stipulation stated that the flu vaccine is on the Vaccine Injury Table.

Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. The award was a lump sum of $36,000.00, representing compensation for all damages available under the Vaccine Act.

The parties agreed that this stipulation expressed a full and complete negotiated settlement of liability and damages, and the United States did not admit that the flu vaccine caused the injury.