Raymond Balcer v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)

Raymond Balcer filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of his October 17, 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.

Respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation, specifically that he suffered a SIRVA as defined by the Vaccine Injury Table. Respondent confirmed that Petitioner had no recent history of shoulder issues, that the onset of pain occurred within forty-eight hours after the vaccination, that the pain was limited to the injection shoulder, and that no other condition explained the pain.

Respondent also agreed that Petitioner suffered residual effects for more than six months. Based on Respondent's concession and the evidence, the Chief Special Master found Petitioner entitled to compensation.

Subsequently, a decision awarding damages was issued. Respondent filed a proffer indicating Petitioner should be awarded $55,064.74, representing $55,000.00 for pain and suffering and $64.74 for past unreimbursed expenses.

Petitioner agreed with this proffered award. The Chief Special Master awarded Petitioner the lump sum of $55,064.74, representing compensation for all damages available under Section 15(a).