Daniel Joseph Martin v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)

Daniel Joseph Martin filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine he received on October 2, 2017. The respondent conceded that the injury was consistent with SIRVA and met the requirements of a Table injury claim, agreeing that the petitioner was entitled to compensation.

The court issued a ruling on entitlement on October 26, 2020. The parties were unable to agree on the damages, so the matter proceeded to a hearing for the court to determine the award.

The court awarded Daniel Joseph Martin $102,764.79, consisting of $100,000.00 for actual pain and suffering and $2,764.79 for past unreimbursable expenses. The court considered the severity and duration of Mr.

Martin's pain, his need for shoulder surgery, and his recovery process, comparing his case to other SIRVA claims to arrive at the final award amount.