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

Phillip Herrera 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 administered in his right shoulder on November 17, 2018. The respondent conceded that Mr.

Herrera is entitled to compensation, stating that he satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for SIRVA. The respondent also agreed that the statutory six-month sequela requirement had been satisfied.

Following the ruling on entitlement, the parties submitted a proffer on award of compensation. The respondent recommended an award of $45,000.00 for pain and suffering, which Mr.

Herrera agreed to. The Chief Special Master issued a decision awarding Mr.

Herrera a lump sum payment of $45,000.00, representing compensation for all damages available under the Act.