James Baumann v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)

James Baumann filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a left shoulder injury resulting from an influenza vaccine administered on November 19, 2015. The case was initially handled by the Special Processing Unit.

Respondent argued that Mr. Baumann had a prior history of shoulder pain and that the onset of his current pain did not occur within 48 hours of vaccination, as he did not seek treatment until three months later and did not initially associate his pain with the vaccine.

However, after a fact hearing where Mr. and Mrs. Baumann testified, the Chief Special Master found their testimony credible and consistent with the medical records.

The court determined that Mr. Baumann had no prior history of left shoulder pain, that his pain and reduced range of motion were limited to the left shoulder where the vaccine was administered, and that there was no other condition that would explain his symptoms.

Crucially, the court found that the onset of his symptoms occurred within 48 hours of vaccination, despite the delay in seeking treatment, which was attributed to his lack of health insurance at the time. Because SIRVA became a Table injury effective March 21, 2017, and Mr.

Baumann's injury met the criteria, he was found entitled to compensation. Subsequently, the parties reached a stipulation for damages.

The court awarded Mr. Baumann a total of $81,857.17, comprising $80,000.00 for pain and suffering and $1,857.17 for past unreimbursed expenses.