Bobby Tate v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)

Bobby Tate filed a petition for compensation under the National Vaccine Injury Compensation Program on November 7, 2019, alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of his influenza vaccination on November 5, 2018. The respondent conceded entitlement to compensation, agreeing that Mr.

Tate met the criteria for a presumed SIRVA. Specifically, he had no prior history of shoulder issues, his pain began within 48 hours of the vaccination, and the pain and reduced range of motion were limited to the injection site shoulder, with no other identified cause.

The respondent also confirmed that the statutory six-month sequela requirement was satisfied. Based on the respondent's concession and the evidence of record, the Chief Special Master issued a ruling on entitlement.

Subsequently, on May 5, 2021, the respondent filed a proffer on award of compensation, proposing an award of $52,500.00, which Mr. Tate agreed to.

The court accepted this proffer, awarding Bobby Tate a lump sum payment of $52,500.00 as compensation for all damages available under the Act.