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

Michael Otero filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) in his right arm after receiving an influenza vaccine on November 15, 2021. He further alleged that his injury persisted for more than six months.

The respondent, the Secretary of Health and Human Services, denied that Mr. Otero sustained a SIRVA as defined by the Vaccine Injury Table, 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 to settle the case and award compensation. The court adopted the stipulation as its decision, awarding Mr.

Otero a lump sum of $7,000.00. This amount represents compensation for all items of damages available under the Vaccine Act.

The stipulation also addressed future proceedings for attorneys' fees and costs. Mr.

Otero released the United States and the Secretary from all claims related to the alleged injury in exchange for the payment.