Derek Strand v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

Derek Strand filed a petition on March 31, 2020, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on November 12, 2018. The case was assigned to the Special Processing Unit.

Petitioner contended that he met the burden of proof for both a Table SIRVA and an off-Table claim. Respondent initially contested the duration and scope of the injury, arguing that Petitioner had not established residual effects lasting more than six months and that his symptoms did not begin within 48 hours of vaccination, nor did he have documented reduced range of motion consistent with a Table SIRVA.

Petitioner sought a ruling on entitlement and damages. On January 18, 2023, Chief Special Master Brian H.

Corcoran issued a Ruling on Entitlement, finding that Petitioner had satisfied all requirements for a Table SIRVA, including that his injury and its residual effects lasted for more than six months, that the onset of pain occurred within 48 hours of vaccination, and that he suffered from reduced range of motion. The Special Master noted that the case represented a "close-call" regarding severity and range of motion, and that the injury was "fairly mild." Petitioner was found entitled to compensation.

Subsequently, on April 20, 2023, Respondent filed a proffer on the award of compensation, proposing an award of $35,000.00, which Petitioner agreed to. On May 12, 2023, Chief Special Master Corcoran issued a Decision Awarding Damages, awarding Derek Strand a lump sum payment of $35,000.00, representing compensation for all damages under Section 15(a).

Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and Respondent was represented by Emilie Williams of the U.S. Department of Justice.