John J. Samluk v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)

John J. Samluk filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of his February 6, 2018 influenza vaccination.

The respondent conceded that Mr. Samluk was entitled to compensation, agreeing that he met the criteria for a Table injury.

Specifically, the respondent noted that Mr. Samluk had no prior history of 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 adequately explained his symptoms.

Following the ruling on entitlement, the parties submitted a proffer on the award of compensation. The respondent recommended, and Mr.

Samluk agreed, that he should be awarded $75,000.00 for pain and suffering and $2,461.01 for past unreimbursable expenses. The Chief Special Master issued a decision awarding Mr.

Samluk a total lump sum payment of $77,461.01.