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

David Butts filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccination he received on October 18, 2018, caused him to develop a shoulder injury related to vaccine administration (SIRVA). The petition was filed on April 2, 2020.

Mr. Butts alleged that his left shoulder injuries lasted for more than six months.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Butts was entitled to compensation.

The respondent agreed that Mr. Butts had no prior history of left shoulder issues, that he experienced pain within forty-eight hours of the vaccination, that his symptoms were limited to the injection site, and that no other condition could explain his symptoms.

The respondent also agreed that Mr. Butts suffered residual effects for more than six months.

Based on the concession, a ruling on entitlement was issued on August 30, 2021, finding Mr. Butts entitled to compensation.

Subsequently, on February 27, 2024, the respondent filed a proffer on award of compensation. The parties agreed to an award of $142,987.20, which included $135,000.00 for pain and suffering, $763.20 for past unreimbursable expenses, and $7,224.00 for past and future lost wages.

A decision awarding damages was issued on March 29, 2024, granting the lump sum payment to Mr. Butts.