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

Scott Ayre filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine he received on December 4, 2016. He stated the vaccine was administered in the United States, he experienced residual effects for more than six months, and had no prior award or settlement for this injury.

Respondent denied that Mr. Ayre sustained a SIRVA Table injury, denied that the vaccine caused his injury, and denied his current condition was a sequela of a vaccine-related injury.

Despite these differing positions, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court adopted the stipulation, awarding Mr.

Ayre a lump sum of $75,000.00. This amount represents compensation for all items of damages available under the Vaccine Act.

The decision was entered on September 28, 2021, following the petition filed on August 29, 2019.