John Murphy v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
John Murphy filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine he received on November 27, 2019. He stated that the vaccine was administered in the United States, that he suffered residual effects for more than six months, and that he had no prior award or settlement for his injury.
The respondent conceded that Mr. Murphy's injury was consistent with SIRVA, as defined on the Vaccine Injury Table.
The respondent noted that Mr. Murphy 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 affected shoulder, and no other condition explained his symptoms.
The respondent also agreed that Mr. Murphy's injury lasted for at least six months and that he satisfied all other legal prerequisites for compensation.
Based on the respondent's concession and the evidence, entitlement to compensation was granted. Subsequently, the parties reached a stipulation for an award of damages.
The court awarded Mr. Murphy a total of $63,219.72, which included $62,500.00 for pain and suffering and $719.72 for unreimbursable medical expenses.
This award was presented as a lump sum payment.
Source PDFs
USCOURTS-cofc-1_21-vv-00111