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

Joseph Ferguson 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) as a result of an influenza vaccine he received on January 14, 2020. The respondent conceded that Mr.

Ferguson is entitled to compensation, agreeing that he met the criteria for a SIRVA Table injury. Specifically, the respondent noted that Mr.

Ferguson had no prior history of shoulder issues, his pain and reduced range of motion occurred within 48 hours of the vaccination, his symptoms were limited to the injected shoulder, and no other condition adequately explained his symptoms. Following the ruling on entitlement, the parties reached a stipulation for damages.

The court awarded Mr. Ferguson a total of $72,616.54, which included $72,500.00 for pain and suffering and $116.54 for past unreimbursable expenses.

This award was paid as a lump sum to Mr. Ferguson, who is a competent adult.