Daniel Miller v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2024)

On December 21, 2020, Daniel Miller filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 22, 2019. The respondent, the Secretary of Health and Human Services, initially recommended that compensation be denied, arguing that Mr.

Miller's claim did not meet the program's six-month severity requirement due to a significant gap in treatment from December 2019 to September 2020. Mr.

Miller filed an amended petition on April 22, 2022, alleging the residual effects of his injury lasted more than six months. The public decision does not name petitioner's counsel or respondent's counsel.

On June 28, 2024, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding that Mr.

Miller likely suffered the residual effects of his SIRVA for more than six months and had satisfied the other requirements for a compensable Table SIRVA injury, thus entitling him to compensation. The ruling detailed Mr.

Miller's medical history, including prior conditions and his initial treatment for left arm pain approximately one month after vaccination, which was diagnosed as post-flu shot shoulder pain and bursitis. The decision noted a gap in treatment during the COVID-19 pandemic, but found that Mr.

Miller's symptoms, including pain and limited range of motion, persisted through at least July 2021. The Chief Special Master determined that the injury met the criteria for a SIRVA as defined by the Vaccine Injury Table, presuming causation.

On December 18, 2024, the parties filed a stipulation for the award of compensation. On December 18, 2024, Chief Special Master Corcoran issued a decision awarding Daniel Miller $77,012.80.

This award comprised $67,500.00 for pain and suffering and $9,512.80 for past unreimbursable expenses, to be paid as a lump sum check to Mr. Miller.