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

Philip Weseman 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 on December 13, 2021. He further alleged that his SIRVA injury persisted for longer than six months.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report and Proffer of Damages, conceding that Mr. Weseman is entitled to compensation.

The respondent stated that Mr. Weseman's injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting he had no prior shoulder issues, experienced pain within 48 hours of the vaccination, the pain was limited to the injection shoulder, and no other condition explained the pain.

The respondent also agreed that Mr. Weseman met all legal prerequisites for compensation.

Based on the respondent's concession and the evidence, the Chief Special Master found Mr. Weseman entitled to compensation.

Subsequently, a decision awarding damages was issued. The respondent's proffer indicated an award of $50,734.76, comprising $50,000.00 for pain and suffering and $734.76 for past unreimbursable expenses, which Mr.

Weseman agreed to. The court awarded this lump sum payment to Mr.

Weseman.