Richard Parsons v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2024)

Richard Parsons filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a left shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on October 23, 2017. The primary dispute in the case was whether Mr.

Parsons experienced the onset of his shoulder pain within 48 hours of vaccination, a requirement for a Table SIRVA claim. Mr.

Parsons asserted that he developed pain within two hours of the injection, while the Respondent argued that the absence of shoulder pain noted in a medical record from October 25, 2017, indicated a later onset. The court found that while the October 25th record was silent, subsequent medical records and affidavits consistently supported an onset within 48 hours, and that all other SIRVA criteria were met.

Entitlement was granted. The case then proceeded to determine damages.

Mr. Parsons sought $95,000 for pain and suffering, citing a similar case, Accetta, and emphasizing the five-year duration of his symptoms and impact on his work as a veterinarian and farm operator.

The Respondent proposed $55,000, arguing that Mr. Parsons' course of injury was mild, characterized by significant treatment gaps and limited formal therapy.

The court awarded Mr. Parsons $90,000 for pain and suffering and $1,416.18 for unreimbursable expenses, totaling $91,416.18, finding his injury to be of notable duration despite treatment gaps, and comparable to the Accetta case but slightly less severe.