Andrew Universal v. HHS - Influenza, left shoulder injuries related to vaccine administration (SIRVA) (2023)

Andrew Universal filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered left shoulder injuries related to vaccine administration (SIRVA) resulting from an influenza vaccination he received on October 8, 2020. The respondent, the Secretary of Health and Human Services, conceded that Mr.

Universal is entitled to compensation. The respondent determined that Mr.

Universal's injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting that he had no prior history of shoulder issues, the pain occurred within 48 hours of the vaccination, was limited to the injection site, and no other condition explained the pain. The respondent also agreed that Mr.

Universal experienced residual effects for more than six months. Based on the respondent's concession and the evidence, the court found Mr.

Universal entitled to compensation. Subsequently, a decision awarding damages was issued.

The respondent proffered an award of $89,209.25, consisting of $85,000.00 for pain and suffering and $4,209.25 for past unreimbursable expenses. Mr.

Universal agreed with this proffered award. The court awarded Mr.

Universal the lump sum of $89,209.25 as compensation for all damages.