Michael King v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)

Michael King filed a petition for compensation under the National Vaccine Injury Compensation Program alleging he suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine he received on December 6, 2017. The case was assigned to the Special Processing Unit.

On January 13, 2021, a Fact Ruling found preponderant evidence that the flu vaccine was administered in Petitioner's left shoulder. Respondent filed a Rule 4 report on February 5, 2021, indicating that while reserving the right to appeal the factual ruling, they accepted it as the law of the case.

Respondent further stated they would not contest that Petitioner suffered a SIRVA as defined by the Vaccine Injury Table and did not dispute that Petitioner satisfied all legal prerequisites for compensation. Based on Respondent's position and the evidence, the Chief Special Master issued a Ruling on Entitlement finding Petitioner entitled to compensation.

Subsequently, on April 1, 2021, Respondent filed a proffer on award of compensation, agreeing to an award of $76,793.76, consisting of $75,000.00 for pain and suffering and $1,793.76 for out-of-pocket expenses. Petitioner agreed with this proffered award.

On May 5, 2021, the Chief Special Master issued a Decision Awarding Damages, awarding Petitioner the stipulated lump sum of $76,793.76.