Hafin Meryck Painter v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Hafin Meryck Painter filed a petition for vaccine compensation alleging a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 1, 2019. He alleged that the injury was a defined Table injury or, in the alternative, caused-in-fact by the vaccine.

Mr. Painter further stated that he received the vaccine in the United States, experienced residual effects for more than six months, and had no prior civil action or compensation for his injury.

The respondent, the Secretary of Health and Human Services, denied that Mr. Painter 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 sequelae 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.

Painter a lump sum of $55,000.00. 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 attorneys' fees and costs. The stipulation was not an admission by the United States or the Secretary that the flu vaccine caused Mr.

Painter's alleged shoulder injury.