Wossen Tariku v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)

Wossen Tariku filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) caused by either the Fluzone Quad or Flulaval influenza vaccine, and/or the Tetanus Diphtheria acellular Pertussis (Tdap) vaccine he received on September 8, 2015. The case was assigned to the Special Processing Unit.

The respondent argued that Mr. Tariku had not established causation-in-fact under the Althen standard, citing a lack of a persuasive medical theory, no evidence of a logical sequence of cause and effect, and no proximate temporal relationship between the vaccinations and his injury, as he did not report pain until eight weeks after vaccination.

However, the Chief Special Master found that Mr. Tariku's left shoulder pain began within 48 hours of vaccination, based on his testimony and that of a witness, and that the pain and reduced range of motion were limited to the injected shoulder.

The court also found that no other condition explained his symptoms. Because SIRVA was added to the Vaccine Injury Table after his petition was filed, the claim was evaluated as an off-Table claim.

The court determined that Mr. Tariku satisfied all four criteria for SIRVA and thus established a medical theory of causation, a logical sequence of cause and effect, and a proximate temporal relationship.

The court also found that his injury persisted for more than six months. Consequently, entitlement was granted.

Subsequently, the parties submitted a proffer agreeing to an award of $70,000.00, which the court approved, compensating Mr. Tariku for his SIRVA.