Mark Hernandez v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2024)

Mark Hernandez filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on September 16, 2020. He claimed the injury lasted longer than six months.

The respondent denied that Mr. Hernandez sustained a SIRVA Table injury or that the flu vaccine caused or aggravated his condition.

Despite these denials, the parties reached a joint stipulation for settlement. The court adopted the stipulation, awarding Mr.

Hernandez a lump sum of $40,000.00 as compensation for all damages. This amount covers his alleged injury, which is listed on the Vaccine Injury Table.

The stipulation also addresses future proceedings for attorneys' fees and costs. The case was resolved through this settlement, avoiding a contested hearing on the merits of causation.