Larry Toothman v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
Larry Toothman filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination he received on August 17, 2021. He further alleged that the injury caused residual effects for more than six months.
The respondent, the Secretary of Health and Human Services, initially requested a fact ruling regarding the vaccine administration site. After a ruling confirmed the vaccine was administered in his right arm, the respondent conceded that Mr.
Toothman met the criteria for SIRVA as defined by the Vaccine Injury Table and was entitled to compensation. The case proceeded as a Table claim.
Subsequently, the parties reached a stipulation for damages. The Chief Special Master awarded Larry Toothman a lump sum payment of $72,500.00 for pain and suffering, representing all elements of compensation available under the Act.