Phil Soussan v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

Phil Soussan filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on December 24, 2020. He stated the vaccine was administered in the United States, he suffered residual effects for more than six months, and had not received prior compensation.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Soussan's claim met the Table criteria for SIRVA.

The respondent agreed that Mr. Soussan had no prior shoulder issues, that his pain and reduced range of motion were limited to the injection site, and that his symptoms began within 48 hours of vaccination.

The respondent also confirmed the case was timely filed, the vaccine was given in the U.S., and Mr. Soussan met the statutory severity requirement.

Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement, finding Mr. Soussan entitled to compensation.

Subsequently, the respondent filed a proffer on award of compensation, recommending a total award of $62,416.17, which included $60,000.00 for pain and suffering and $2,416.17 for past unreimbursed expenses. Mr.

Soussan agreed with this proffered award. The Chief Special Master issued a decision awarding Mr.

Soussan the lump sum of $62,416.17.