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

Scott Reynolds filed a petition for compensation under the National Vaccine Injury Compensation Program on July 30, 2019, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine administered on December 11, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on January 4, 2021, conceding that the petitioner was entitled to compensation.

Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on January 8, 2021, granting entitlement based on the respondent's concession and the evidence of record, finding that the petitioner satisfied the criteria for a Table injury.

The parties then proceeded to resolve damages. The petitioner sought $145,000.00 for past and future pain and suffering, $4,241.94 in past unreimbursed expenses, and $3,213.60 in past lost wages.

The respondent countered that $85,000.00 was appropriate for past pain and suffering and opposed the claim for past lost wages. In a Decision Awarding Damages dated July 29, 2021, Chief Special Master Corcoran awarded the petitioner $125,000.00 for past pain and suffering and $4,241.94 for past unreimbursed expenses.

The claim for past lost wages was denied because the sick leave taken in 2019 was before the petitioner accrued six consecutive years of employment, which was the threshold for the employer's policy to assign monetary value to unused sick days. The total award was $129,241.94.

Petitioner was represented by David John Carney of Green & Schafle LLC, and Respondent was represented by Althea Walker Davis of the U.S. Department of Justice.

The decision was issued by Chief Special Master Brian H. Corcoran.