Yul Bernard v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2024)

Yul Bernard filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a Table shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination he received on October 16, 2019. He further alleged that he suffered the residual effects of his injury for more than six months after the vaccination.

The respondent conceded that Petitioner is entitled to compensation, agreeing that his injury was consistent with SIRVA as defined by the Vaccine Injury Table. Respondent confirmed that Bernard had no prior history of shoulder pain, that pain occurred within 48 hours after the vaccination, was limited to the injection site, and no other condition explained the pain.

The respondent also agreed that Bernard suffered residual effects for more than six months and met all legal prerequisites for compensation. A ruling on entitlement was issued on December 27, 2023, finding Petitioner entitled to compensation.

Subsequently, on October 23, 2024, the parties filed a proffer on award of compensation. The court awarded Yul Bernard a total of $70,000.00 in pain and suffering, representing compensation for all damages available under the Act.