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

On June 1, 2022, Darby Hoss filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on October 24, 2019. Hoss alleged that the vaccine was administered in the United States, that his symptoms persisted for more than six months, and that no prior action or compensation had been received for this injury.

The case was assigned to the Special Processing Unit. On September 21, 2023, the Respondent filed a Rule 4(c) report conceding that Hoss was entitled to compensation.

The Respondent agreed that Hoss's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting that Hoss had no prior history of left shoulder pain or dysfunction, that the pain occurred within 48 hours after the intramuscular vaccination, that the pain was limited to the injection site shoulder, and that no other condition could explain the shoulder pain. The Respondent further agreed that Hoss suffered residual effects for more than six months and satisfied all legal prerequisites for compensation.

On September 22, 2023, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement, finding Hoss entitled to compensation.

Subsequently, on October 27, 2023, the Respondent filed a proffer on the award of compensation, proposing an award of $77,500.00, which Petitioner agreed to. On November 29, 2023, Chief Special Master Corcoran issued a Decision Awarding Damages, awarding Hoss a lump sum payment of $77,500.00 for pain and suffering, representing all elements of compensation available under the Vaccine Act.

The award was to be paid via check to Petitioner. Petitioner was represented by Maximillian J.

Muller of Muller Brazil, LLP, and Respondent was represented by Andrew Henning of the U.S. Department of Justice.