Harold E. Kaplan v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Harold E. Kaplan filed a petition for vaccine compensation alleging a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine he received on October 14, 2019.

He claimed the injury was a Table injury, that it occurred in the United States, that he experienced residual effects for more than six months, and that there had been no prior award or settlement. The respondent, the Secretary of Health and Human Services, denied that Mr.

Kaplan 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. Despite these denials, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation.

Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. Mr.

Kaplan was awarded a lump sum of $99,000.00, representing compensation for all items of damages available under the Vaccine Act. The parties also agreed to submit to further proceedings for reasonable attorneys' fees and costs.