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

Filed 2022-02-26Decided 2024-03-29Vaccine Influenza
compensated$7,500

Case summary [AI summaries can sometimes make mistakes]

Richard Newell filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 29, 2021. He stated the vaccine was administered in the United States and that the residual effects of his injury lasted for more than six months, with no prior award or settlement for his condition.

Respondent denied that Mr. Newell sustained a SIRVA Table injury or that the flu vaccine caused his alleged shoulder injury or any other condition.

Despite these denials, the parties filed a joint stipulation agreeing that the case should be settled and compensation awarded. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision.

Mr. Newell was awarded a lump sum of $7,500.00 as compensation for all items of damages available under Section 15(a) of the Vaccine Act.

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

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