Brian Stromer v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Brian Stromer filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine administered on October 18, 2018. The Chief Special Master found that Mr.
Stromer is entitled to compensation and awarded $145,000.00 for past pain and suffering, plus $500 per year for future pain and suffering, reduced to net present value. The court determined that Mr.
Stromer met the criteria for a Table SIRVA, including no prior history of shoulder issues, onset of pain within 48 hours of vaccination, and pain limited to the left shoulder. The decision noted that while there were some references to pain radiating down his arm, the majority of records supported a finding that the pain was limited to his left shoulder, and there was no evidence of a neuropathic cause.
Mr. Stromer's treatment involved surgery, over sixty physical therapy sessions, numerous diagnostic tests, and prescription medications over approximately sixteen months.
The court found his case analogous to prior SIRVA decisions, justifying the awarded compensation for his pain and suffering.
Source PDFs
USCOURTS-cofc-1_19-vv-01969