Kristan McMahon v. HHS - Influenza, left shoulder injuries related to vaccine administration (SIRVA) (2020)

Kristan McMahon filed a petition for compensation on January 28, 2019, alleging that he suffered left shoulder injuries related to vaccine administration (SIRVA) as a result of an influenza vaccination received on October 27, 2017. The case was assigned to the Special Processing Unit.

On April 3, 2020, the respondent filed a Rule 4(c) report conceding that the petitioner's alleged injury was consistent with SIRVA of the left arm and met the requirements of a Table injury claim stemming from the flu vaccination. The respondent further agreed that the petitioner had met the statutory requirements for entitlement to compensation.

Chief Special Master Brian H. Corcoran issued a ruling on entitlement on April 3, 2020, finding the petitioner entitled to compensation.

Subsequently, on May 20, 2020, the respondent filed a proffer on the award of compensation, recommending an award of $74,180.17. This amount included $72,500.00 for actual and projected pain and suffering, with projected pain and suffering reduced to net present value, and $1,680.17 for past unreimbursable expenses.

The petitioner agreed with the proffered award. Chief Special Master Corcoran issued a decision on June 29, 2020, awarding the petitioner a lump sum of $74,180.17, payable by check to the petitioner, representing compensation for all damages available under the Act.

The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism of injury beyond its classification as SIRVA. Petitioner was represented by Bridget Candace McCullough of Muller Brazil, LLP, and respondent was represented by Claudia Barnes Gangi of the U.S.

Department of Justice.