Mark Johnson v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
On December 4, 2023, Mark Johnson filed a petition under the National Vaccine Injury Compensation Program alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 23, 2022. Mr.
Johnson claimed this was a "Table" injury or, alternatively, a "caused-in-fact" injury. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr.
Johnson's injury or that he sustained a SIRVA Table injury. The parties subsequently filed a joint stipulation to settle the case.
Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision.
Pursuant to the stipulation, Mr. Johnson was awarded a lump sum of $12,500.00, payable by check to the petitioner, as compensation for all damages available under the Vaccine Act.
This award represents a negotiated settlement of liability and damages. The decision was issued on December 16, 2024.
Petitioner was represented by Jimmy A. Zgheib of Zgheib Sayad, P.C., and respondent was represented by Kimberly Shubert Davey of the U.S.
Department of Justice.
Theory of causation
Petitioner Mark Johnson alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on November 23, 2022, claiming it was a Table injury or, alternatively, a caused-in-fact injury. Respondent denied the vaccine caused the injury or that it was a SIRVA Table injury. The parties entered into a joint stipulation to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner a lump sum of $12,500.00 for all damages under the Vaccine Act. The stipulation, filed November 7, 2024, and adopted as a decision on December 16, 2024, represents a negotiated settlement of liability and damages. Petitioner was represented by Jimmy A. Zgheib and respondent by Kimberly Shubert Davey. The public decision does not describe the specific mechanism of injury, onset, symptoms, diagnostic tests, or treatments.