Michael Berge v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2021)

Michael Berge filed a petition alleging that he suffered a left shoulder injury related to vaccine administration (SIRVA) causally related to the influenza vaccine he received on November 13, 2018. The case was assigned to the Special Processing Unit of the Office of Special Masters.

Respondent conceded that Petitioner's claim met the Table criteria for SIRVA, and entitlement was granted. Subsequently, the parties reached an impasse regarding damages.

The court reviewed the medical records and arguments from both parties. Petitioner sought $140,000.00 for pain and suffering, while Respondent proposed $80,000.00.

The court found that Petitioner experienced severe pain from shortly after vaccination until his surgery approximately ten months later, but also noted instances where his subjective complaints may have outweighed objective findings and that he had unrelated chronic pain conditions. Considering the severity and duration of the SIRVA, the court awarded $115,000.00 for past pain and suffering and $1,343.57 for past unreimbursed medical expenses, for a total award of $116,343.57.