Oscar Garner v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2022)

Oscar Garner filed a petition for compensation on February 3, 2021, alleging that he received an influenza vaccination on November 6, 2018, and subsequently suffered from a left shoulder injury related to vaccine administration (SIRVA). He further alleged that his symptoms persisted for more than six months.

The respondent conceded that Mr. Garner was entitled to compensation, finding that he met the criteria for a SIRVA Table injury, including having no prior history of shoulder pain, experiencing pain within 48 hours of vaccination, and limiting the symptoms to the vaccinated shoulder.

The respondent also agreed that Mr. Garner met the six-month sequelae requirement.

Based on this concession and the evidence, the court issued a ruling on entitlement. Subsequently, the parties agreed to a damages award.

The court issued a decision awarding Mr. Garner a lump sum of $45,000.00 for all damages.