Graham Jewell v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

Graham Jewell filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received in his left shoulder on September 25, 2019. The petition was filed on January 5, 2021.

Respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation, agreeing that the Vaccine Injury Table criteria for SIRVA were satisfied, including no prior history of shoulder issues, pain within 48 hours after vaccination, pain limited to the administered shoulder, and symptoms persisting for more than six months. A ruling on entitlement was issued on July 10, 2023, finding Petitioner entitled to compensation.

Respondent subsequently filed a proffer on award of compensation, proposing an award of $43,144.61, which Petitioner agreed to. This amount includes $42,500.00 for past pain and suffering and $644.61 for out-of-pocket expenses.

A decision awarding damages was issued on August 31, 2023, granting the lump sum payment of $43,144.61.