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

Cortez Toliver filed a petition on January 7, 2021, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 5, 2018.

Mr. Toliver further alleged that the vaccine was administered in the United States, that he experienced residual effects from the injury for more than six months, and that no prior compensation had been awarded for this injury.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on January 31, 2023, conceding that Mr. Toliver's claim met the Table criteria for SIRVA and that he was entitled to compensation.

Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on February 6, 2023, finding Mr.

Toliver entitled to compensation. Subsequently, on February 14, 2023, the respondent submitted a proffer proposing an award of $45,000.00 for pain and suffering.

Mr. Toliver agreed to this proposed award.

On March 24, 2023, Chief Special Master Corcoran issued a decision awarding Mr. Toliver a lump sum payment of $45,000.00, payable by check to Mr.

Toliver, as compensation for all damages available under Section 15(a) of the Vaccine Act. Petitioner was represented by Leah VaSahnja Durant, and respondent was represented by Steven Santayana.