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

Brian Eveland filed a petition for compensation under the National Vaccine Injury Compensation Program on December 2, 2020, alleging a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on October 22, 2019. The respondent, the Secretary of Health and Human Services, filed a combined Rule 4(c) Report and Proffer on October 25, 2022, conceding that Mr.

Eveland's injury was consistent with SIRVA as defined by the Vaccine Injury Table and its accompanying Qualifications and Aids to Interpretation. The respondent also agreed that Mr.

Eveland suffered residual effects or complications of his injury for more than six months after vaccination. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H.

Corcoran issued a Ruling on Entitlement finding Mr. Eveland entitled to compensation.

Subsequently, on October 25, 2022, Chief Special Master Corcoran issued a Decision Awarding Damages. The decision awarded Mr.

Eveland a lump sum of $53,254.56, comprising $53,000.00 for pain and suffering and $254.46 for unreimbursed expenses. This award represents compensation for all damages available under the program.

Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and Respondent was represented by Alec Saxe of the U.S. Department of Justice.

The decision was issued on November 29, 2022.