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

Andrew Peterson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine he received on January 8, 2019. Respondent conceded entitlement, agreeing that Mr.

Peterson had no prior history of shoulder issues, that his pain and reduced range of motion began within 48 hours of the vaccination, and that his symptoms were limited to the affected shoulder. The case proceeded to a damages determination.

Mr. Peterson's medical records detail a lengthy course of treatment, including multiple doctor visits, physical therapy, and ultimately arthroscopic surgery, spanning approximately four years.

He reported pain that could spike to severe levels, particularly with exertion, and experienced limitations in daily activities and sleep. The parties, however, disagreed on the appropriate amount of compensation for pain and suffering.

Petitioner sought $150,000, citing the severity and duration of his injury and comparing his case to prior awards. Respondent proposed $80,000, arguing that Mr.

Peterson's pain was mild to moderate, intermittent, and that he had significant gaps in treatment. The Special Master awarded Mr.

Peterson $131,233.02, comprising $130,000.00 for pain and suffering and $1,233.02 for unreimbursed out-of-pocket expenses, finding the award to be fair and appropriate based on the medical records and prior case law.