Dennis A. Kopolovich v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
On December 9, 2022, Dennis A. Kopolovich 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 vaccination on December 2, 2021.
Mr. Kopolovich further alleged that his SIRVA symptoms lasted longer than six months.
The respondent, the Secretary of Health and Human Services, denied that Mr. Kopolovich sustained a SIRVA Table injury, denied that the flu 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 reached a joint stipulation for settlement on April 4, 2024. Chief Special Master Brian H.
Corcoran reviewed the stipulation and found it reasonable, adopting it as the court's decision. Pursuant to the stipulation, Mr.
Kopolovich was awarded a lump sum of $25,000.00, payable to him, as compensation for all items of damages available under Section 15(a) of the Vaccine Act. The case proceeded as a Table claim.
Petitioner was represented by Edward H. Walter of Jubelirer Pass & Intrieri, P.C., and Respondent was represented by Felicia Langel of the U.S.
Department of Justice. The decision was issued on May 6, 2024.
Theory of causation
Petitioner Dennis A. Kopolovich alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination received on December 2, 2021, with residual effects lasting longer than six months. The respondent denied a SIRVA Table injury and that the vaccine caused the alleged injury. The parties reached a joint stipulation for settlement, agreeing to an award of $25,000.00. The case was treated as a Table claim. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts. The award represents compensation for all damages under 42 U.S.C. § 300aa-15(a). The decision was issued by Chief Special Master Brian H. Corcoran on May 6, 2024. Petitioner's counsel was Edward H. Walter, and Respondent's counsel was Felicia Langel.