Leonard Milton Calkins v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)

Leonard Milton Calkins filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of his September 24, 2018 influenza vaccination. He stated that the vaccine was administered in the United States, that he suffered residual effects for more than six months, and that there had been no prior award or settlement.

The respondent conceded entitlement, agreeing that Mr. Calkins met the criteria for a presumed SIRVA as defined by the Vaccine Injury Table.

The respondent noted that Mr. Calkins had no recent history of pain, inflammation, or dysfunction in his left shoulder prior to vaccination, his pain and reduced range of motion were limited to the shoulder in which the vaccine was administered, and no other condition or abnormality was identified to explain his symptoms.

The respondent also agreed that the statutory six-month sequela requirement had been satisfied. Consequently, a ruling on entitlement was issued finding Mr.

Calkins entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation, recommending that Mr.

Calkins be awarded $66,500.00 in pain and suffering damages, which Mr. Calkins agreed to.

The court awarded Mr. Calkins a lump sum payment of $66,500.00 for pain and suffering.