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

Dale Jacoby filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 30, 2017. The respondent, the Secretary of Health and Human Services, conceded that Mr.

Jacoby's claim met the Table criteria for SIRVA. The respondent also agreed that the case was timely filed, the vaccine was received in the United States, and that Mr.

Jacoby satisfied the statutory severity requirement by suffering residual effects for more than six months. Based on the respondent's concession and the evidence, the court found Mr.

Jacoby entitled to compensation. Subsequently, a decision awarding damages was issued.

The parties stipulated to an award of $98,275.00, which included $97,500.00 for actual and projected pain and suffering and $775.00 for past unreimbursable expenses. This amount was awarded as a lump sum payment to Mr.

Jacoby.