Joseph McDaniel v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2024)

Joseph McDaniel filed a petition for vaccine compensation on January 12, 2021, alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on March 1, 2019. His amended petition was filed on June 6, 2022.

Mr. McDaniel alleged the vaccine was administered in the United States, that his injury had residual effects for more than six months, and that there had been no prior award or settlement of a civil action for his condition.

The respondent, the Secretary of Health and Human Services, denied that Mr. McDaniel sustained a SIRVA Table injury, denied that the flu vaccine caused his alleged shoulder injury, and denied that the flu vaccine caused any other injury or his current condition.

Despite these denials, the parties reached a joint stipulation to settle the case, which was filed on January 12, 2024. Chief Special Master Brian H.

Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision of the court. Pursuant to the stipulation, Mr.

McDaniel was awarded a lump sum of $35,000.00, payable by check to the petitioner. This amount is intended to compensate for all damages available under Section 15(a) of the Vaccine Act.

The decision was issued on March 15, 2024. Petitioner was represented by Laura Levenberg of Muller Brazil, LLP, and respondent was represented by Emilie Williams of the U.S.

Department of Justice. The stipulation also noted that further proceedings would occur to award reasonable attorneys' fees and costs.