John I. Devey, III v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
John I. Devey, III filed a petition for compensation on January 6, 2021, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on September 19, 2018.
Petitioner stated the vaccine was administered in the United States, the injury had residual effects for more than six months, and there had been no prior award or settlement for this condition. The respondent denied that the flu vaccine caused petitioner's alleged shoulder injury or any other injury.
Despite these positions, the parties filed a joint stipulation on March 17, 2023, agreeing to settle the case. Chief Special Master Brian H.
Corcoran adopted the stipulation, awarding John I. Devey, III a lump sum of $70,000.00 as compensation for all damages.
This amount represents a compromise of the parties' respective positions on liability and damages. Petitioner was represented by Matthew F.
Belanger of Faraci Lange, LLP, and the respondent was represented by Martin Conway Galvin of the U.S. Department of Justice.
Theory of causation
Petitioner John I. Devey, III received an influenza vaccine on September 19, 2018. Petitioner alleged a shoulder injury related to vaccine administration (SIRVA) and that the injury had residual effects for more than six months. Respondent denied that the flu vaccine caused petitioner's alleged shoulder injury or any other injury. The parties filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $70,000.00 to Petitioner. This award represents compensation for all damages. The stipulation was entered into while maintaining the parties' stated positions, and it represents a compromise of their respective positions on liability and damages. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts regarding the alleged SIRVA. Petitioner was represented by Matthew F. Belanger and respondent by Martin Conway Galvin. The decision was signed by Chief Special Master Brian H. Corcoran on May 2, 2023.
Source PDFs
USCOURTS-cofc-1_21-vv-00133