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

Stephen Vaccaro filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 22, 2019. He claimed this condition was listed on the Vaccine Injury Table.

The respondent, the Secretary of Health and Human Services, contested that Mr. Vaccaro met all the Table requirements, specifically disputing the onset of pain within 48 hours of vaccination.

Mr. Vaccaro sought $52,000 for pain and suffering, while the respondent recommended $35,000 if entitlement were found.

The case was decided via an expedited hearing on April 26, 2024. Chief Special Master Corcoran found that Mr.

Vaccaro had established a Table SIRVA claim, including the timely onset of pain and other required elements, as well as residual effects lasting at least six months. Consequently, entitlement was granted.

The court awarded Mr. Vaccaro a total of $43,275, comprising $43,000 for actual pain and suffering and $274.67 for unreimbursable past medical expenses, which were stipulated by the parties.