David Daniel v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)

David Daniel filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a right Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccination administered on November 12, 2016. He claimed severe onset of pain in his right shoulder at the injection site immediately upon administration of the flu injection, with symptoms lasting more than six months.

Respondent denied that petitioner sustained a Table SIRVA injury, denied that the vaccine caused or aggravated his injury, and denied that his current disabilities were vaccine-related. Despite these denials, the parties filed a joint stipulation on October 16, 2020, agreeing that compensation should be awarded.

Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages. Mr.

Daniel was awarded a lump sum of $60,996.02, which included $60,000.00 for pain and suffering and $996.02 for past unreimbursed expenses. This amount was intended to compensate for all items of damages available under Section 15(a) of the Vaccine Act.