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

Robert Harshberger filed a petition for compensation under the National Vaccine Injury Compensation Program on August 27, 2019, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 4, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on January 14, 2021, conceding that Mr.

Harshberger's claim met the Vaccine Injury Table criteria for SIRVA. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H.

Corcoran issued a ruling on entitlement on January 22, 2021, finding Mr. Harshberger entitled to compensation.

Subsequently, on April 1, 2021, the respondent filed a proffer on the award of compensation. The proffer indicated that Mr.

Harshberger should be awarded $52,500.00 for pain and suffering and $13.87 for out-of-pocket expenses, totaling $52,513.87. The proffer also stated that Mr.

Harshberger agreed with this proposed award. Chief Special Master Corcoran issued a decision on May 5, 2021, awarding Mr.

Harshberger a lump sum payment of $52,513.87, comprised of $52,500.00 for pain and suffering and $13.87 for out-of-pocket expenses, payable to Mr. Harshberger.

Petitioner was represented by Leah VaSahnja Durant, and respondent was represented by Christine Mary Becer. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.