Gary Blackmon v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

Gary Blackmon filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving an influenza vaccination on October 1, 2019. He further alleged that the residual effects of his injury lasted for more than six months.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report conceding that Mr. Blackmon's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that he had satisfied all legal prerequisites for compensation.

Based on the respondent's concession and the evidence of record, the Chief Special Master issued a Ruling on Entitlement finding Mr. Blackmon entitled to compensation.

Subsequently, the respondent filed a Proffer on award of compensation, recommending an award of $77,500.00 for pain and suffering, which Mr. Blackmon agreed to.

The Chief Special Master issued a Decision Awarding Damages, awarding Mr. Blackmon a lump sum payment of $77,500.00 for pain and suffering, representing all elements of compensation available under the Act.