Scott Weaver v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2021)

Scott Weaver filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination he received on October 7, 2017. The respondent conceded that Mr.

Weaver is entitled to compensation, agreeing that he met the criteria set forth in the Vaccine Injury Table and Qualifications and Aids to Interpretation for SIRVA. Specifically, respondent noted that Mr.

Weaver had no relevant prior shoulder history, his pain and reduced range of motion occurred within 48 hours of vaccination, his symptoms were limited to the vaccinated shoulder, and no other condition explained his symptoms. Based on the respondent's concession and the evidence of record, the court found Mr.

Weaver entitled to compensation. Subsequently, the parties stipulated to an award of $73,785.71, comprising $72,500.00 for pain and suffering and $1,285.71 for out-of-pocket expenses.

Judgment was entered accordingly.