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

Filed 2021-01-04Decided 2022-12-23Vaccine Influenza
compensated$82,000

Case summary [AI summaries can sometimes make mistakes]

Michael Garrison filed a petition for compensation under the National Vaccine Injury Compensation Program on January 4, 2021. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine he received on October 31, 2019.

The petition stated that the vaccine was administered in the United States, that Mr. Garrison experienced residual effects of his condition for more than six months, and that there had been no prior award or settlement of a civil action for damages on his behalf.

The respondent, the Secretary of Health and Human Services, 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. On November 18, 2022, the parties filed a joint stipulation agreeing that compensation should be awarded.

Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision of the court.

Mr. Garrison was awarded $82,000.00 as a lump sum, payable by check to the Petitioner, representing compensation for all items of damages.

Petitioner's counsel was Maximillian J. Muller of Muller Brazil, LLP.

Respondent's counsel was Sarah Black Rifkin of the U.S. Department of Justice.

The decision was issued on December 23, 2022.

Theory of causation

Petitioner Michael Garrison alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 31, 2019. Respondent denied the SIRVA Table injury and causation. The parties filed a joint stipulation on November 18, 2022, agreeing to an award. Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it. An award of $82,000.00 was granted as a lump sum. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts beyond the alleged SIRVA and its duration of residual effects. The theory of causation is based on the Vaccine Injury Table (SIRVA).

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