John M. Lewis v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

John M. Lewis 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 an influenza vaccine he received on or about November 5, 2019.

He stated the vaccine was administered in the United States, he suffered the effects of his condition for more than six months, and he had not received prior compensation or filed a civil action for his injuries. Respondent filed a Rule 4(c) report conceding that Petitioner was entitled to compensation, agreeing that he had no prior shoulder issues, his pain and reduced range of motion occurred within 48 hours of vaccination, his symptoms were limited to the affected shoulder, and no other condition explained his symptoms.

The six-month sequela requirement was met, the case was timely filed, and the vaccine was received in the United States. Based on Respondent's concession and the evidence, entitlement was granted.

Subsequently, a damages decision was issued based on a proffer, awarding Petitioner a lump sum of $60,000.00 for all damages available under Section 15(a).