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

Timothy Thomas filed a petition for compensation under the National Vaccine Injury Compensation Program on September 30, 2022. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on September 15, 2020.

Petitioner stated that the vaccination was administered in the United States, that he experienced residual effects of his condition for more than six months, and that there had been no prior award or settlement of a civil action for damages on his behalf. The respondent denied that petitioner sustained a SIRVA Table injury, denied that the vaccine caused petitioner's alleged shoulder injury or any other injury, and denied that petitioner's current condition was a sequela of a vaccine-related injury.

Despite these denials, the parties filed a joint stipulation on October 22, 2024, agreeing to settle the issues and enter a decision awarding compensation. Chief Special Master Brian H.

Corcoran adopted the stipulation as the decision of the court. Pursuant to the stipulation, Timothy Thomas was awarded a lump sum of $40,000.00, payable by check to the petitioner.

This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision notes that the case proceeded as a Table claim and the award was made pursuant to the stipulation, which settled both liability and damages.

The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses. Petitioner was represented by Nancy R.

Meyers of Turning Point Litigation, and the respondent was represented by Naseem Kourosh of the U.S. Department of Justice.