Thomas Roche v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

Thomas Roche 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 an influenza vaccine he received on October 4, 2018. The respondent conceded that Petitioner's injury was consistent with SIRVA as defined by the Vaccine Injury Table and that compensation was appropriate.

The respondent confirmed that Petitioner had no prior shoulder issues, that his pain began within 48 hours of vaccination, was limited to the injection site shoulder, and no other condition explained his symptoms. The respondent also agreed that Petitioner met the statutory requirement of suffering the condition for more than six months.

Based on the respondent's concession and the evidence, the court found Petitioner entitled to compensation. Subsequently, the parties could not agree on damages for pain and suffering.

Petitioner sought $65,000.00, while the respondent recommended $45,000.00. After a hearing, the court awarded Petitioner $60,000.00 for pain and suffering, plus $390.00 for actual unreimbursed expenses, for a total award of $60,390.00.