John Davenport v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

John Davenport 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 he received on September 17, 2018. The case was assigned to the Special Processing Unit of the Office of Special Masters.

After the initial filing, the respondent initially indicated willingness to discuss settlement but discussions were unsuccessful. Petitioner then filed a motion for a ruling on entitlement, which the respondent opposed, arguing that Davenport had a history of left shoulder pain prior to vaccination and that his symptoms could be due to an alternative cause.

Davenport's medical records indicated he sought treatment for left shoulder pain approximately two months after his vaccination, consistently attributing it to the flu shot. Although there was evidence of prior shoulder issues from a fall in Vietnam and a motor vehicle accident decades earlier, the records also showed that his pre-vaccination shoulder injuries were better and he had not experienced pain from them for decades.

The court found that the evidence preponderated in favor of Davenport on this element. The onset of his pain was also found to have occurred within 48 hours of vaccination, and his pain was limited to his left shoulder.

While there was evidence of degenerative changes and cervical spine pathology, the court determined that these did not preponderate over the conclusion that the shoulder pain was vaccine-related, and Davenport was affirmatively diagnosed with SIRVA by at least two medical professionals. The court found that Davenport established a Table SIRVA and satisfied all other requirements for compensation.

Subsequently, a decision awarding damages was issued on February 2, 2024. The respondent proffered an award of $107,948.28, which included $105,000.00 for pain and suffering and $2,948.28 for past unreimbursable expenses.

Petitioner agreed with this award, and the court granted the lump sum payment.