David McKairnes v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2019)

David McKairnes filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that he suffered a right shoulder injury related to vaccine administration (SIRVA) due to an influenza vaccine he received on November 18, 2015. The respondent conceded that petitioner was entitled to compensation, concluding that he suffered SIRVA as defined by the Vaccine Injury Table.

The respondent noted that petitioner had no recent history of shoulder issues, the pain onset occurred within 48 hours after the vaccination, the pain was limited to the injection site, and no other condition explained the symptoms. The respondent further agreed that petitioner suffered residual effects for more than six months, satisfying the legal prerequisites for compensation.

A ruling on entitlement was issued on May 6, 2019, finding petitioner entitled to compensation. Subsequently, on September 17, 2019, the respondent filed a proffer on award of compensation, indicating that petitioner should be awarded $92,500.00 for his past and future pain and suffering.

Petitioner agreed with this proffered award. The Chief Special Master issued a decision awarding petitioner a lump sum payment of $92,500.00 for his past and future pain and suffering.