Dustin Stamey v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)

Dustin Stamey filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on December 10, 2021. He further alleged that the injury resulted in residual effects lasting more than six months.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner's claim met the Table criteria for SIRVA and that he was entitled to a presumption of vaccine causation. Based on the respondent's concession and the evidence, the Chief Special Master issued a Ruling on Entitlement finding Dustin Stamey entitled to compensation.

Subsequently, the respondent filed a Proffer on Award of Compensation, proposing an award of $55,000.00 for pain and suffering and $388.80 for past unreimbursable expenses, totaling $55,388.80. The petitioner agreed with this proffered award.

The Chief Special Master issued a Decision Awarding Damages, awarding Dustin Stamey a lump sum payment of $55,388.80 to be paid through an ACH deposit to his counsel's IOLTA account for prompt disbursement.