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

Clifford Gray 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 the influenza vaccine administered on November 12, 2019. Respondent conceded that Petitioner's alleged injury was consistent with the SIRVA criteria set forth in the Vaccine Injury Table and that compensation was appropriate, leading to a ruling on entitlement in Petitioner's favor.

The parties were unable to resolve damages on their own, proceeding to a decision awarding damages. The court reviewed the medical records, declarations, affidavits, and arguments from both parties.

Clifford Gray suffered a moderate to severe SIRVA injury for approximately eleven months, requiring 35 PT sessions and arthroscopic surgery. He reported severe pain levels at times, but his MRI results indicated a milder SIRVA injury, and he initially delayed seeking medical treatment for approximately 52 days.

The court found that an appropriate award for Petitioner's past pain and suffering should be $110,000.00. Petitioner was also awarded $2,556.68 for actual unreimbursable expenses.

No award was made for future pain and suffering as Petitioner did not establish a permanent disability or other extenuating circumstances. The total lump sum payment awarded was $112,556.68.