Edward Louis Ambiel, Jr. v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2023)

Edward Louis Ambiel, Jr. 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 receiving an influenza vaccine on October 22, 2020. The petition stated that the vaccine was administered in the United States, that he would suffer residual effects for more than six months, and that there had been no prior award or settlement.

The Respondent, the Secretary of Health and Human Services, filed a report recommending compensation, conceding that Mr. Ambiel satisfied the criteria for SIRVA as set forth in the Vaccine Injury Table.

The Respondent noted that Mr. Ambiel had no prior history of shoulder issues, experienced pain within 48 hours of vaccination, and that his pain and reduced range of motion were limited to the injection site.

The Respondent also confirmed that the case was timely filed, the vaccine was received in the United States, and the severity requirement was met. Based on the Respondent's concession and the evidence, the Chief Special Master found Mr.

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

The Respondent had proffered a lump sum of $50,000.00 for all damages, which Mr. Ambiel accepted.

The court awarded Mr. Ambiel this lump sum payment, representing compensation for all damages available under Section 15(a) of the Vaccine Act.