Timothy Phipps v. HHS - Influenza, shoulder injury related to vaccine administration (2023)
Case summary [AI summaries can sometimes make mistakes]
Timothy Phipps filed a petition for compensation on January 8, 2021, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 7, 2020. The case was assigned to the Special Processing Unit.
On May 24, 2023, the respondent conceded that Mr. Phipps was entitled to compensation, agreeing that his injury met the criteria for SIRVA on the Vaccine Injury Table.
The Chief Special Master issued a ruling on entitlement on May 24, 2023, finding Mr. Phipps entitled to compensation.
Subsequently, on July 27, 2023, the respondent filed a proffer proposing an award of $125,000.00 for pain and suffering, $3,917.64 for past unreimbursable expenses, and $4,472.28 for lost wages, totaling $133,389.92. Mr.
Phipps agreed with this proposed award. The Chief Special Master issued a decision awarding this amount on August 29, 2023, finding Mr.
Phipps entitled to compensation for his SIRVA. The award was paid as a lump sum check to Mr.
Phipps.
Theory of causation
Petitioner Timothy Phipps alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on October 7, 2020. The respondent conceded entitlement, agreeing that the injury met the criteria for SIRVA on the Vaccine Injury Table. The public text does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on May 24, 2023, and a decision awarding damages on August 29, 2023. The award totaled $133,389.92, consisting of $125,000.00 for pain and suffering, $3,917.64 for past unreimbursable expenses, and $4,472.28 for lost wages, paid as a lump sum. Petitioner was represented by Glen Howard Sturtevant, Jr. of Rawls Law Group, and Respondent was represented by Mary Eileen Holmes of the U.S. Department of Justice.
Source PDFs
USCOURTS-cofc-1_21-vv-00333