Jason Povey v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2024)

Jason Povey 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 vaccination on November 4, 2020. He claimed the SIRVA occurred within 48 hours of the vaccination, persisted for more than six months, and was administered in the United States.

The respondent conceded that Mr. Povey was entitled to compensation, noting he had no prior shoulder issues, the pain occurred within 48 hours post-vaccination, was limited to the injection site, and no other condition explained the pain.

The respondent also agreed that the condition persisted for more than six months, satisfying the legal prerequisites for compensation. A ruling on entitlement was issued on March 6, 2024, finding Mr.

Povey entitled to compensation. Subsequently, on August 16, 2024, the respondent filed a proffer recommending an award of $101,835.89, comprising $90,000.00 for pain and suffering and $11,835.89 for lost wages.

Mr. Povey agreed with this proffered award.

The Chief Special Master issued a decision awarding Mr. Povey the lump sum of $101,835.89.