Jason Berberich v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)

Jason Berberich filed a petition alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) causally related to the influenza vaccine he received on November 20, 2018. The case involved disputes over both entitlement and damages.

The court found that Mr. Berberich is entitled to compensation, awarding him $61,135.41, which includes $60,000.00 for past pain and suffering and $1,135.41 for past unreimbursed expenses.

The primary dispute regarding entitlement centered on whether Mr. Berberich had a prior history of shoulder issues that would preclude a Table SIRVA claim.

While he had a prior diagnosis of bursitis over two years before the vaccination, the court found this prior issue was not sufficiently related to the post-vaccination injury to disqualify him from compensation. The court determined that the injury was mild to moderate in severity and of moderate duration, leading to the awarded damages.

The decision was issued on October 15, 2021, with the petition filed on January 3, 2020.