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

Juan Gonzalez filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine he received on November 9, 2020. He stated that the vaccine was administered in the United States, that he experienced residual effects of the injury for more than six months, and that there had been no prior award or settlement for his condition.

The respondent, the Secretary of Health and Human Services, denied that Mr. Gonzalez sustained a SIRVA Table injury or that the vaccine caused his alleged shoulder injury.

Despite these differing positions, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court adopted the stipulation as its decision, awarding Mr.

Gonzalez a lump sum of $42,000.00. This amount represents compensation for all items of damages available under the Vaccine Act.

The case proceeded as a Table claim, and the parties agreed to settle the issues of liability and damages.