Michael Gauer v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2022)

Michael Gauer 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) caused by an influenza vaccination he received on November 2, 2018. He further alleged that his shoulder injury had persisted longer than six months and that he had not received any prior compensation.

Respondent filed a Rule 4(c) Report and Proffer on Damages, conceding that Petitioner was entitled to compensation. Respondent stated that Petitioner had no prior history of shoulder issues, that his pain and reduced range of motion were limited to the injection site, and that the onset of symptoms occurred within 48 hours of vaccination.

The ruling on entitlement was issued on May 11, 2022, finding Petitioner entitled to compensation. Subsequently, on June 21, 2022, a decision awarding damages was issued.

Respondent proffered an award of $80,120.00, representing $80,000.00 for pain and suffering and $120.00 for actual unreimbursed expenses, to which Petitioner agreed. The court awarded this lump sum payment as compensation for all damages.