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

Sameer Patel filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that he suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination he received on December 22, 2017. The petition stated that his injury lasted for more than six months.

Respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation. Respondent stated that Petitioner had no prior history of shoulder issues, that the pain occurred within 48 hours of the vaccination, was limited to the injection site, and no other condition explained the pain.

Respondent also agreed that the six-month sequela requirement was satisfied. Based on Respondent's concession and the evidence, the Chief Special Master issued a Ruling on Entitlement finding Petitioner entitled to compensation.

Subsequently, Respondent filed a proffer on award of compensation, indicating Petitioner should be awarded $72,000.00 for actual pain and suffering and $563.55 to satisfy a State of Arizona Medicaid lien. Petitioner agreed with the proffered award.

The Chief Special Master issued a Decision Awarding Damages, awarding the total sum of $72,563.55, comprising $72,000.00 for pain and suffering and $563.55 for the Medicaid lien.