Michael Pearl v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2024)

Filed 2021-01-21Decided 2024-01-02Vaccine Influenza
compensated$72,000

Case summary [AI summaries can sometimes make mistakes]

Michael Pearl filed a petition for compensation under the National Vaccine Injury Compensation Program on January 21, 2021. He alleged that he sustained a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on December 8, 2019, and that his symptoms persisted for longer than six months.

The respondent denied that the petitioner sustained a SIRVA Table injury, denied that the vaccine caused the alleged shoulder injury or any other injury, and denied that his current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on November 21, 2023, agreeing to settle the case.

Chief Special Master Brian H. Corcoran adopted the stipulation as his decision.

The decision awards Michael Pearl a lump sum of $72,000.00, payable by check, as compensation for all items of damages available under Section 15(a) of the Vaccine Act. The parties also agreed to further proceedings for attorneys' fees and costs.

The case proceeded as a Table claim. Petitioner was represented by Amy A.

Senerth of Muller Brazil, LLP, and respondent was represented by Joseph Adam Lewis of the U.S. Department of Justice.

The decision was issued on January 2, 2024.

Theory of causation

Michael Pearl filed a petition alleging a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on December 8, 2019, with symptoms persisting for over six months. The respondent denied a SIRVA Table injury, causation, or sequela. The parties stipulated to settle the case, and Chief Special Master Brian H. Corcoran adopted the stipulation. An award of $72,000.00 was made as a lump sum for all damages under 42 U.S.C. § 300aa-15(a). The case was treated as a Table claim. Petitioner was represented by Amy A. Senerth (Muller Brazil, LLP) and respondent by Joseph Adam Lewis (U.S. Department of Justice). The decision was issued on January 2, 2024, based on a stipulation filed November 21, 2023.

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