James Mease v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2023)

Filed 2021-07-22Decided 2023-03-13Vaccine Influenza
compensated$89,547

Case summary [AI summaries can sometimes make mistakes]

James Mease filed a petition for compensation under the National Vaccine Injury Compensation Program on July 22, 2021, alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccination he received on October 26, 2019. The respondent, the Secretary of Health and Human Services, reviewed the petition and medical records.

On February 2, 2023, the respondent conceded that Mr. Mease was entitled to compensation, agreeing that his injury met the criteria for SIRVA as defined by the Vaccine Injury Table and that he satisfied the statutory requirements for timely filing, vaccination in the United States, and suffering residual effects for more than six months.

A ruling on entitlement was issued on February 2, 2023, finding Mr. Mease entitled to compensation.

Subsequently, on February 6, 2023, the respondent filed a proffer proposing an award of $89,546.84, consisting of $87,500.00 for past pain and suffering and $2,046.84 for out-of-pocket expenses. Mr.

Mease agreed with this proffered award. A decision awarding damages was issued on March 13, 2023, granting Mr.

Mease a lump sum payment of $89,546.84.

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