Samuel Hutchens v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)

Samuel Hutchens filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he developed a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 17, 2014. Initially, the Respondent recommended denying compensation, citing a lack of evidence for symptom onset within 48 hours of vaccination.

A fact hearing was held to determine the onset of Mr. Hutchens' shoulder pain.

The Special Master issued a ruling finding that Mr. Hutchens established by a preponderance of the evidence that his left shoulder pain began on the same day he received the flu vaccine.

Following this finding, the Respondent filed an amended report conceding that Mr. Hutchens had otherwise satisfied the criteria for SIRVA under the Vaccine Injury Table, including no prior shoulder issues, onset within 48 hours, pain localized to the injection site, and no other identified condition explaining the pain.

The Respondent also noted that Mr. Hutchens suffered residual effects for more than six months and did not dispute that he met all legal prerequisites for compensation.

Based on the record and the Respondent's concession, the Special Master found Mr. Hutchens entitled to compensation and ordered that the matter proceed to the damages phase.