Charles Baine v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2024)

Charles Baine filed a petition for compensation under the National Vaccine Injury Compensation Program on January 12, 2021, alleging he suffered a right shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on or about November 19, 2019. He further alleged that the vaccine was administered in the United States, that he experienced residual effects of his condition for more than six months, and that there had been no prior award or settlement of a civil action for damages on his behalf.

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

The parties subsequently filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H.

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

Baine was awarded $22,000.00 as compensation for all items of damages available under Section 15(a). This amount represents a compromise of the parties' respective positions on liability and damages.

The decision was issued on January 24, 2024. Petitioner was represented by Bridget Candace McCullough of Muller Brazil, LLP, and respondent was represented by Julianna Rose Kober of the U.S.

Department of Justice.