Hector Davila-Mayorga v. HHS - Influenza, adhesive capsulitis and a shoulder injury related to vaccine administration (SIRVA) (2021)

Hector Davila-Mayorga, also known as Ernesto Cervantes, filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that he suffered from adhesive capsulitis and a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination he received on November 28, 2017. The respondent conceded that Mr.

Davila-Mayorga was entitled to compensation, stating that his case met the criteria for SIRVA under the Vaccine Injury Table. Specifically, the respondent noted that there was no prior history of shoulder issues, the onset of pain occurred within 48 hours of vaccination, the pain and reduced range of motion were limited to the vaccinated shoulder, and there was no apparent alternative cause.

The respondent further agreed that Mr. Davila-Mayorga experienced residual effects for more than six months, satisfying all legal prerequisites for compensation.

Based on the respondent's concession and the evidence, the Special Master ruled on entitlement, finding Mr. Davila-Mayorga entitled to compensation.

Subsequently, the parties reached a stipulation for damages. The respondent proffered an award of $90,000.00 for pain and suffering related to the SIRVA, which Mr.

Davila-Mayorga agreed to. The Special Master issued a decision awarding this lump sum payment to Mr.

Davila-Mayorga.