Charles Shane Roberson v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)

Charles Shane Roberson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that his November 14, 2017 influenza vaccination caused him to suffer a Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent conceded that Mr.

Roberson was entitled to compensation, agreeing that he met the criteria for a Table injury. Specifically, the respondent noted that Mr.

Roberson had no prior shoulder issues, his pain and reduced range of motion occurred within 48 hours of the vaccination, his symptoms were limited to the vaccinated shoulder, and no other condition explained his symptoms. Following the entitlement ruling, the parties were unable to agree on damages.

Mr. Roberson sought $160,000 for pain and suffering, while the respondent recommended $100,000.

The parties also agreed on $4,809.24 for past unreimbursed expenses. After a hearing, the Special Master awarded Mr.

Roberson a total of $129,809.24, comprising $125,000.00 for pain and suffering and $4,809.24 for past unreimbursed expenses. The award considered the severity and duration of his injury, which included significant treatment such as physical therapy, steroid injections, MRIs, and arthroscopic surgery, though he ultimately made a strong recovery less than a year after vaccination.