Robert Elliott v. HHS - Influenza, Transverse Myelitis (“TM”) and right sided shoulder pain and dysfunction (2023)

Robert Elliott filed a petition on September 29, 2021, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered Transverse Myelitis (TM) and right-sided shoulder pain and dysfunction as a result of an influenza vaccine he received on October 2, 2019.

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

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Elliott's alleged TM, right-sided shoulder pain with dysfunction, or any other injury or disability.

The parties, represented by Michael Arvin Firestone of Marvin Firestone, MD, JD, and Associates for the petitioner and Emily H. Manoso of the U.S.

Department of Justice for the respondent, filed a joint stipulation on December 28, 2023. In this stipulation, they agreed to settle the case.

The stipulation acknowledged that the influenza vaccine is contained in the Vaccine Injury Table and that Mr. Elliott experienced residual effects of his condition for more than six months.

As a result of the stipulation, Special Master Daniel T. Horner issued a decision on December 29, 2023, awarding Robert Elliott $85,000.00 in compensation.

This award represents a compromise of the parties' respective positions on liability and damages and is for all items of damages available under the Vaccine Act. The award is in the form of a check payable to the petitioner.