Aaron Cook v. HHS - Influenza, right-sided shoulder injury related to vaccine administration (SIRVA) (2023)

Aaron Cook filed a petition for compensation under the National Vaccine Injury Compensation Program on March 5, 2021, alleging that he suffered a right-sided shoulder injury related to vaccine administration (SIRVA) as a result of receiving the influenza vaccine on October 21, 2020. The case was assigned to the Special Processing Unit.

On June 29, 2022, the Chief Special Master issued Findings of Fact, determining that the vaccine was most likely administered in Mr. Cook's right arm.

On February 1, 2023, the Respondent filed a Rule 4(c) Report, conceding that Mr. Cook had otherwise satisfied the criteria for SIRVA as defined in the Vaccine Injury Table, while preserving the right to appeal the prior findings of fact.

Based on this concession and the evidence, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on February 13, 2023, finding Mr.

Cook entitled to compensation. Subsequently, on March 17, 2023, Respondent filed a Proffer on Award of Compensation, indicating that Mr.

Cook should be awarded $75,822.85, comprised of $75,000.00 for pain and suffering and $822.85 for past unreimbursable expenses. Mr.

Cook agreed with this proffered award. On March 20, 2023, Chief Special Master Corcoran issued a Decision awarding Mr.

Cook a total of $75,822.85, payable as a lump sum check to Petitioner. The decision noted that the award represented compensation for all damages available under Section 15(a) of the Vaccine Act.

Petitioner was represented by Glen Howard Sturtevant, Jr. of Rawls Law Group, and Respondent was represented by Madelyn Weeks of the U.S. Department of Justice.