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

David Byrd filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he received an influenza vaccine on January 29, 2016, and subsequently suffered a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, conceded that Mr.

Byrd's injury was consistent with SIRVA and that the evidence established it was caused-in-fact by the flu vaccination. The respondent also confirmed that no other causes for the injury were identified and that the statutory six-month sequela requirement was met.

Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement, finding Mr. Byrd entitled to compensation.

Subsequently, a decision awarding damages was issued. The respondent had proffered an award of $95,000.00, which Mr.

Byrd agreed to. The court awarded Mr.

Byrd a lump sum payment of $95,000.00 as compensation for all available damages.