Gary Neary v. HHS - Meningococcal, shoulder injury related to vaccine administration (SIRVA) (2022)

Gary Neary filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from a meningococcal vaccine received on May 5, 2020. The petition was filed on April 20, 2021.

Respondent conceded that Mr. Neary is entitled to compensation, finding that his claim met the Table criteria for SIRVA.

Specifically, Respondent determined that Mr. Neary had no prior shoulder issues, the pain began within 48 hours of the vaccine, the pain and reduced range of motion were limited to the injection site, and no other condition explained his symptoms.

The Respondent also confirmed the case was timely filed, the vaccine was administered in the United States, and the injury persisted for more than six months. Based on the concession and the evidence, the Chief Special Master ruled that Mr.

Neary was entitled to compensation. A subsequent decision awarded Mr.

Neary $65,458.45, comprising $65,000.00 for pain and suffering and $458.45 for out-of-pocket expenses, representing compensation for all damages available under the program.