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

Robert Werbicki filed a petition for compensation under the National Vaccine Injury Compensation Program on January 8, 2021, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 17, 2018. He further alleged that his injury lasted longer than six months.

Respondent denied that Mr. Werbicki sustained a SIRVA Table injury or that the flu vaccine caused his condition.

Despite these denials, the parties filed a joint stipulation on August 24, 2023, agreeing to settle the case and award compensation. The Chief Special Master adopted the stipulation as the decision, awarding Mr.

Werbicki a lump sum of $30,000.00 for all items of damages. This amount represents a compromise of the parties' respective positions on liability and damages.

The stipulation also addressed future proceedings for attorneys' fees and costs.