Ralph Blaine v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Ralph Blaine filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine he received on November 4, 2019. He stated that the vaccine was administered in the United States, that the effects of his injury lasted for more than six months, and that he had not previously settled or received an award from a civil action for this injury.

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

Despite these differing positions, the parties filed a joint stipulation agreeing to settle the case and award compensation. The court adopted the stipulation, awarding Mr.

Blaine a lump sum of $32,500.00. This amount is intended to compensate for all damages available under the Vaccine Act.

The parties also agreed to submit to further proceedings to award reasonable attorneys' fees and costs.