Gary Templin v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Gary Templin filed a petition alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 7, 2020. The case proceeded as a Table claim, with Petitioner arguing entitlement under specific provisions of the Vaccine Injury Table for SIRVA and seeking $50,000 for pain and suffering.

Respondent contested that the Table elements were met, specifically questioning the onset of pain within 48 hours of vaccination, but recommended an award of $35,000 if entitlement was found. After a hearing, the Chief Special Master found that Petitioner had established entitlement to compensation, including the onset of pain within 48 hours and other SIRVA Table requirements, as well as the additional requirements for residual effects lasting six months.

The court awarded Gary Templin a lump sum of $40,000 for pain and suffering, representing compensation for all damages available under Section 15(a) of the Vaccine Act.