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

Elbert Compton filed a petition on August 28, 2018, alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) caused by an influenza vaccine he received on December 28, 2016. The case was assigned to the Special Processing Unit.

On March 5, 2021, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding that Mr.

Compton was entitled to compensation for a SIRVA. The ruling determined that the onset of his shoulder pain occurred within 48 hours of vaccination and was limited to his left shoulder, based on medical records indicating complaints of left shoulder pain starting as early as January 2, 2017, and consistently reported thereafter.

Respondent initially argued that the medical records did not establish the required onset timeframe or that the pain was limited to the left shoulder. However, the Chief Special Master found the evidence supported Mr.

Compton's claim for entitlement. On December 10, 2021, Respondent filed a proffer of compensation, recommending an award of $50,000.00 for pain and suffering.

Mr. Compton, identified as a competent adult, agreed with this proffered award.

On December 10, 2021, Chief Special Master Corcoran issued a decision awarding Mr. Compton a lump sum payment of $50,000.00, representing compensation for all available damages.

Petitioner was represented by Jerome A. Konkel of Samster, Konkel & Safran, S.C., and later Samster Konkel and Safran.

Respondent was represented by Colleen Clemons Hartley and later Mitchell Jones of the U.S. Department of Justice.