Daniel Swadis v. HHS - Influenza, shoulder injury related to vaccine administration (2023)

Daniel Swadis filed a petition for compensation under the National Vaccine Injury Compensation Program alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 22, 2019. He stated that he received the vaccine within the United States, that his injury caused residual effects for more than six months, and that no civil action or prior compensation had been sought for his injury.

Respondent denied that Petitioner sustained a SIRVA Table injury, denied that the vaccine caused his alleged shoulder injury or any other injury, and denied that his current condition was a sequela of a vaccine-related injury. Despite the denial, the parties filed a joint stipulation on December 16, 2022, agreeing that compensation should be awarded.

The court found the stipulation reasonable and adopted it as its decision awarding damages. Daniel Swadis was awarded a lump sum of $80,000.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act.