Amanullah Aman v. HHS - Influenza, right shoulder injury (2022)

Amanullah Aman filed a petition for compensation under the National Vaccine Injury Compensation Program on March 31, 2020, alleging a right shoulder injury after receiving influenza and Tdap vaccinations on November 3, 2018. The petition stated that the shoulder injury lasted longer than six months.

The respondent, the Secretary of Health and Human Services, filed a report on April 18, 2022, conceding that the petitioner met the criteria for Shoulder Injury Related to Vaccine Administration (SIRVA) as set forth in the Vaccine Injury Table and its Qualifications and Aids to Interpretation. The respondent also agreed that the case was timely filed, the vaccine was administered in the United States, and the statutory severity requirement was met because the residual effects of the injury continued for more than six months post-vaccination.

Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on April 25, 2022, finding Mr.

Aman entitled to compensation. Subsequently, on November 2, 2022, the parties submitted a proffer on the award of compensation.

The respondent recommended an award of $70,000.00, consisting entirely of compensation for pain and suffering, and stated that the petitioner agreed with this amount. Chief Special Master Corcoran issued a decision on November 2, 2022, awarding Mr.

Aman a lump sum payment of $70,000.00 for pain and suffering. The decision noted that this amount represented all elements of compensation available under Section 15(a) of the Vaccine Act.

Petitioner was represented by Jonathan Svitak of Shannon Law Group, P.C., and respondent was represented by Jennifer A. Shah of the U.S.

Department of Justice.