Thomas Bierbaum v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)

Thomas Bierbaum filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of his October 11, 2018 influenza vaccination. The petition stated that the vaccine was administered in the United States, that he suffered residual effects for more than six months, and that there had been no prior award or settlement.

The respondent conceded that Mr. Bierbaum was entitled to compensation, agreeing that his injury met the criteria for a Table injury, including no relevant prior history of shoulder issues, onset within 48 hours of vaccination, symptoms limited to the vaccinated shoulder, and no other identified condition explaining the symptoms.

The injury also met the six-month duration requirement. Subsequently, the respondent filed a proffer on award of compensation, recommending an award of $72,500.00 for pain and suffering, which Mr.

Bierbaum accepted. The Chief Special Master issued a decision awarding this amount as a lump sum payment.