Douglas Berman v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2025)

Douglas Berman filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine he received on October 12, 2020. The case proceeded as a Table claim, with the petitioner arguing entitlement under 42 C.F.R. § 100.3(c)(10) and seeking $80,000.00 for pain and suffering and $1,740.00 for medical expenses.

The respondent disputed that the petitioner established a Table claim, specifically contesting whether the shoulder pain began within 48 hours of vaccination. The court found that the petitioner had established the 48-hour onset requirement for SIRVA, as well as all other Table requirements and additional requirements under Section 11(c).

Consequently, the court awarded Douglas Berman a total of $51,740.00, comprising $50,000.00 for pain and suffering and $1,740.00 for out-of-pocket medical expenses.