Gary Tucker v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Gary Tucker 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 vaccine on November 9, 2021. He claimed this was a Table injury and that he experienced residual effects for more than six months.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report and Proffer of Compensation, conceding that Mr. Tucker's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that he had satisfied all legal prerequisites for compensation.

Based on the respondent's concession and the evidence of record, the court found Mr. Tucker entitled to compensation.

Subsequently, a decision awarding damages was issued. The respondent's proffer indicated an award of $65,000.00 for pain and suffering, which Mr.

Tucker agreed to. The court awarded Mr.

Tucker a lump sum payment of $65,000.00 for pain and suffering.