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

Kevin Heckathorn filed a petition for compensation under the National Vaccine Injury Compensation Program on May 19, 2022. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine he received on September 20, 2020.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on October 12, 2023, conceding that Mr. Heckathorn's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that he suffered residual effects for more than six months.

Based on the respondent's concession, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on October 13, 2023, finding Mr.

Heckathorn entitled to compensation. Subsequently, on November 3, 2023, the respondent filed a proffer on the award of compensation, which Mr.

Heckathorn agreed to. On November 6, 2023, Chief Special Master Corcoran issued a decision awarding Mr.

Heckathorn $75,180.09 in damages. This award consisted of $75,000.00 for pain and suffering and $180.09 for past unreimbursable expenses.

The award was to be paid as a lump sum check payable to Mr. Heckathorn, who is a competent adult.

The case proceeded as a Table claim, and the parties stipulated to the award amount. Petitioner was represented by Jeffrey S.

Pop of Jeffrey S. Pop & Associates, and respondent was represented by Bridget Corridon of the U.S.

Department of Justice.