Alberto S. Galvan v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2023)

Alberto Galvan filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a Table injury, Shoulder Injury Related to Vaccine Administration (SIRVA), as a result of his November 6, 2018 influenza vaccination. He stated the vaccine was administered in the United States, that he suffered residual effects for more than six months, and that there had been no prior award or settlement.

Respondent filed a Rule 4(c) report conceding that Mr. Galvan was entitled to compensation, finding he met the criteria for SIRVA on the Vaccine Injury Table.

Specifically, Respondent noted that Mr. Galvan had no prior history of shoulder issues, his pain occurred within 48 hours of vaccination, was limited to the vaccinated shoulder, and no other condition explained his symptoms.

Respondent also confirmed the claim was timely filed, the vaccine was administered in the U.S., and the severity requirement was met. Based on Respondent's concession and the evidence, the Chief Special Master found Mr.

Galvan entitled to compensation. Subsequently, Respondent filed a proffer recommending an award of $75,000.00, which Mr.

Galvan agreed to. The Chief Special Master awarded Mr.

Galvan a lump sum payment of $75,000.00 for all damages.