David Buckley v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

David Buckley filed a petition for compensation under the National Vaccine Injury Compensation Program on October 15, 2019, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine administered on November 8, 2018. The respondent initially challenged entitlement, questioning the vaccination site and causation.

After reviewing the evidence, the court found that Mr. Buckley most likely received the vaccine in his left arm, despite a notation indicating the right arm.

The court determined that Mr. Buckley met the criteria for a Table SIRVA, including no prior history of shoulder problems, onset of pain within 48 hours of vaccination, pain limited to the affected shoulder, and no other condition explaining the symptoms.

The court found that Mr. Buckley's pain began the day after vaccination and worsened over the next two days, supported by medical records and affidavits.

The court awarded Mr. Buckley $103,500.00 for actual pain and suffering, finding that while he underwent surgery and physical therapy, his recovery was substantial within seven months, and future pain and suffering were not sufficiently established.