John Birrell-Levine v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2022)

John Birrell-Levine filed a petition on July 16, 2020, seeking compensation under the National Vaccine Injury Compensation Program. He alleged that on November 27, 2019, he received an influenza vaccine and subsequently suffered a left shoulder injury related to vaccine administration (SIRVA).

Mr. Birrell-Levine stated that the vaccine was administered in the United States, that the residual effects of his injury lasted for more than six months, and that he had not received other compensation or filed a civil action for these injuries.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on October 21, 2021, conceding that Mr. Birrell-Levine was entitled to compensation.

The respondent noted that no other causes for the injury were identified and that the sequelae lasted more than six months, agreeing that the petitioner met the statutory requirements for entitlement. On October 26, 2021, Chief Special Master Brian H.

Corcoran issued a ruling on entitlement, finding the petitioner entitled to compensation. Subsequently, on April 26, 2022, the respondent filed a proffer on award of compensation, recommending an award of $45,000.00.

The respondent stated that the petitioner agreed with this proffered award. In a decision dated June 14, 2022, Chief Special Master Corcoran awarded Mr.

Birrell-Levine a lump sum payment of $45,000.00 for pain and suffering, payable by check to the petitioner. This amount represented compensation for all damages available under Section 15(a) of the Vaccine Act.

Petitioner was represented by Douglas Lee Burdette of Burdette Law, Sahuarita, AZ, and respondent was represented by Zoe Wade of the U.S. Department of Justice, Washington, DC.