Matthew Spencer v. HHS - Influenza, left shoulder injury related to vaccine injury (SIRVA) (2021)

Matthew Spencer filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a left shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccination he received on October 26, 2017. The respondent conceded that Mr.

Spencer was entitled to compensation, agreeing that his case met the criteria for a Table injury. Specifically, the respondent acknowledged that the onset of SIRVA occurred within forty-eight hours after the flu vaccination and that there was no apparent alternative cause.

The medical records also demonstrated that Mr. Spencer experienced residual effects of his SIRVA for more than six months, satisfying all legal prerequisites for compensation.

Consequently, the court issued a ruling on entitlement, finding Mr. Spencer entitled to compensation.

Subsequently, the parties reached a stipulation for damages. The court awarded Mr.

Spencer a lump sum payment of $140,746.66, which included $135,000.00 for pain and suffering and $5,746.66 for past unreimbursable expenses. This award represented compensation for all damages available under the Act.