Matthew Miller v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2023)

Matthew Miller filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that after receiving an influenza vaccine on October 10, 2018, he suffered a left shoulder injury related to vaccine administration (SIRVA). The case proceeded as a Table claim, meaning the injury was presumed to be caused by the vaccine if it met the Table criteria.

The parties disputed entitlement and damages. The court found that Mr.

Miller's injury met the criteria for a Table SIRVA, including pain and limited range of motion within 48 hours of vaccination, and that there was no other condition to explain his symptoms. Respondent contested the onset timeframe and the limitation of pain to the vaccinated shoulder, but the court found these objections unpersuasive.

The court awarded Mr. Miller a total of $55,944.24, comprising $55,000.00 for actual pain and suffering and $944.24 for actual unreimbursable expenses, including massage therapy which Respondent had opposed.

The award was based on the specific circumstances of Mr. Miller's case, considering the mildness of his pain, limited physical therapy, and eventual recovery.