Brett Merrill v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)

Brett Merrill filed a petition for vaccine compensation after receiving an influenza vaccine on September 27, 2022. He alleged that he sustained a shoulder injury related to vaccine administration (SIRVA), which is a condition listed on the Vaccine Injury Table, and that the injury caused residual effects for more than six months.

The respondent, the Secretary of Health and Human Services, denied that Mr. Merrill sustained a SIRVA Table injury or that the vaccine caused his alleged injury.

Despite these differing positions, the parties filed a joint stipulation to settle the case. The court adopted the stipulation, awarding Mr.

Merrill $21,716.89 as a lump sum payment. This amount is intended to cover all damages available under the Vaccine Act.

The stipulation also addresses future proceedings for attorneys' fees and costs. The settlement represents a compromise of the parties' respective positions on liability and damages, and Mr.

Merrill releases the United States from further claims related to this vaccination.