Timothy Allen v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2024)

Timothy Allen filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine he received on November 26, 2019. He further alleged that he experienced the residual effects of this condition for more than six months.

Respondent denied that Mr. Allen sustained a SIRVA Table injury, denied that the vaccine caused his alleged shoulder injury or any other injury, and denied that his current condition was a sequela of a vaccine-related injury.

Despite these denials, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court adopted the stipulation as its decision, awarding Mr.

Allen a lump sum of $48,950.00. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act.

The parties also agreed to submit to further proceedings for the award of reasonable attorneys' fees and costs.