Thomas Ross v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Thomas Ross filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he received an influenza vaccine on November 5, 2019, and subsequently suffered a shoulder injury related to vaccine administration (SIRVA). The petition stated that the vaccine was administered in the United States, that the residual effects of the injury lasted for more than six months, and that no prior award or settlement had been made.
Respondent conceded that Mr. Ross's claim met the Table criteria for SIRVA and agreed that the jurisdictional requirements of the Vaccine Act were met.
Consequently, a Ruling on Entitlement was issued on October 24, 2022, finding Mr. Ross entitled to compensation.
As the parties could not resolve the issue of damages informally, they were ordered to file briefs. After a hearing on December 8, 2023, the Chief Special Master awarded Mr.
Ross $59,000.00 in compensation for his actual pain and suffering. This amount was awarded as a lump sum payment.