Lee Apfel v. HHS - Tdap, shoulder injury related to vaccine administration (SIRVA) (2024)

Lee Apfel filed a petition for compensation under the National Vaccine Injury Compensation Program alleging he suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination he received on January 14, 2022. The petition stated his injury lasted longer than six months.

Respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation, stating his injury was consistent with SIRVA as defined by the Vaccine Injury Table. Respondent noted that Petitioner had no prior history of shoulder issues, pain occurred within 48 hours of vaccination, pain was limited to the injection site shoulder, and no other condition explained the pain.

Respondent also agreed that Petitioner suffered residual effects for more than six months. Based on Respondent's concession and the record, entitlement was granted.

Subsequently, Respondent filed a proffer on award of compensation, indicating Petitioner should be awarded $97,500.00 in pain and suffering, which Petitioner agreed to. The court awarded a lump sum payment of $97,500.00 in pain and suffering.