Harold Kaplan v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)

Harold Kaplan filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that his October 2, 2017 influenza vaccination caused a Shoulder Injury Related to Vaccine Administration (SIRVA). The case was filed on December 10, 2020.

Respondent filed a Rule 4(c) report conceding that Mr. Kaplan's claim met the Table criteria for SIRVA, noting that his pain and reduced range of motion were limited to the injection site and occurred within 48 hours of vaccination, with no prior history of shoulder issues.

The respondent also confirmed the case was timely filed, the vaccine was received in the United States, and Mr. Kaplan suffered residual effects for more than six months.

Based on the respondent's concession and the evidence, the Chief Special Master found Mr. Kaplan entitled to compensation.

Subsequently, on February 8, 2021, a decision awarding damages was issued. The respondent proffered an award of $55,000.00, which Petitioner accepted.

The court awarded Mr. Kaplan a lump sum of $55,000.00 to compensate for all available damages.