Joshua Tell v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2021)

Joshua Tell filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he received an influenza vaccine on August 30, 2016, and subsequently suffered from a right shoulder injury related to vaccine administration (SIRVA). The respondent conceded that Mr.

Tell is entitled to compensation, as he satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation. The respondent further agreed that the medical records demonstrated that Mr.

Tell experienced residual effects of his SIRVA for more than six months. Based on the respondent's concession and the evidence of record, the court found Mr.

Tell entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation, indicating that Mr.

Tell should be awarded $40,000.00 in pain and suffering, which Mr. Tell agreed to.

The court awarded Mr. Tell a lump sum payment of $40,000.00 for pain and suffering.