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

Thomas Zerwas filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that his October 23, 2015 influenza vaccine caused him to suffer a shoulder injury related to vaccine administration (SIRVA). He stated that the vaccine was administered in the United States, that his injury resulted in residual effects lasting more than six months, and that he had not received any prior award or settlement for this injury.

Respondent denied that the flu vaccination caused petitioner's alleged SIRVA. Despite this denial, the parties filed a joint stipulation on November 29, 2018, agreeing that compensation should be awarded.

The Chief Special Master found the stipulation reasonable and adopted it as the Court's decision. Thomas Zerwas was awarded a lump sum of $75,000.00, representing compensation for all items of damages available under the Vaccine Act.

The award was made payable to the petitioner.