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

Evan Hirsch, an adult, received an influenza vaccine on September 11, 2018. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA), which is a condition listed on the Vaccine Injury Table.

The primary dispute in this case was whether Mr. Hirsch experienced pain onset within 48 hours of vaccination, a requirement for a Table SIRVA claim.

Mr. Hirsch provided a declaration from a hospital security guard who recalled him complaining of shoulder pain the next day, along with medical records showing consistent reporting of immediate onset when seeking treatment.

Respondent argued that a medical record from five days post-vaccination did not mention shoulder pain, but the court found this argument unpersuasive given the appointment's purpose and Mr. Hirsch's medical background.

The court found that Mr. Hirsch established by a preponderance of the evidence that his pain onset occurred within 48 hours, thus satisfying the Table criteria for SIRVA, and that causation was presumed.

The court awarded Mr. Hirsch $60,000.00 for pain and suffering and $1,869.28 for past unreimbursed expenses, totaling $61,869.28.

The award for pain and suffering was based on the severity and duration of his injury, which was characterized as mild to moderate after an initial month of more severe pain, lasting for approximately 15 months.