Thomas Harkins v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2023)

Thomas Harkins 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 vaccination he received on September 21, 2020. The petition was filed on January 7, 2021.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 16, 2023, conceding that Mr. Harkins is entitled to compensation.

The respondent confirmed that Mr. Harkins met the criteria for SIRVA as defined by the Vaccine Injury Table, including having no prior shoulder issues, experiencing pain within 48 hours of vaccination, pain localized to the injection site, and no other identified cause for the pain.

The respondent also confirmed that the case was timely filed, the vaccine was administered in the United States, and the injury resulted in residual effects for more than six months. Based on the respondent's concession and the evidence, a ruling on entitlement was issued on June 21, 2023, finding Mr.

Harkins entitled to compensation. Subsequently, on August 7, 2023, the respondent filed a proffer on award of compensation, recommending an award of $45,000.00 for past pain and suffering, which Mr.

Harkins agreed to. A decision awarding damages was issued on September 13, 2023, granting Mr.

Harkins a lump sum payment of $45,000.00.