Charles Upperman v. HHS - Influenza, left-sided shoulder injury related to vaccine administration (SIRVA) (2025)

Charles Upperman filed a petition for vaccine compensation on April 13, 2023, alleging a left-sided shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 1, 2021. The petitioner also received a Shingrix vaccine on the same day.

The influenza vaccine is listed on the Vaccine Injury Table. The respondent denied that the petitioner sustained a Table SIRVA injury, that the vaccine caused the alleged injury, or that the current condition was a sequela of a vaccine-related injury.

Despite these differing positions, the parties filed a joint stipulation to settle the case. Chief Special Master Brian H.

Corcoran adopted the stipulation as his decision. Pursuant to the stipulation, Mr.

Upperman was awarded a lump sum of $25,000.00 as compensation for all damages, to be paid through an ACH deposit to his counsel's IOLTA account for prompt disbursement. This award represents a compromise of the parties' respective positions on liability and damages.

The decision was entered on February 18, 2025. Petitioner was represented by Paul R.

Brazil of Muller Brazil, LLP, and respondent was represented by Joseph Douglas Leavitt of the U.S. Department of Justice.