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

Gabriel Marian filed a petition for compensation under the National Vaccine Injury Compensation Program on January 6, 2021, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 17, 2020. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on August 25, 2023, conceding that the petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that the petitioner suffered residual effects for more than six months.

Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on August 29, 2023, finding the petitioner entitled to compensation.

Subsequently, on August 29, 2023, a decision awarding damages was issued. The respondent filed a combined Rule 4 report and proffer on award of compensation, indicating the petitioner should be awarded $45,000.00, which the petitioner agreed to.

Chief Special Master Corcoran awarded Gabriel Marian a lump sum payment of $45,000.00 as compensation for all damages, payable by check to the petitioner. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism of injury.

Petitioner was represented by John Robert Howie of Howie Law, PC, and the respondent was represented by Felicia Langel of the U.S. Department of Justice.