Mitchell Foster v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2024)

Mitchell Foster filed a petition for compensation under the National Vaccine Injury Compensation Program alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 9, 2020. He stated that the injury was a defined Table injury, that he received the vaccine in the United States, that his injury had residual effects for more than six months, and that no civil action had been filed nor compensation received for the injury.

Respondent conceded that Petitioner's alleged injury was consistent with SIRVA and that Petitioner had satisfied all legal prerequisites for compensation. A ruling on entitlement was issued on February 2, 2024, finding Petitioner entitled to compensation.

Subsequently, on July 9, 2024, the parties filed a joint stipulation requesting an award of $51,000.00 in compensation to Petitioner and $460.08 for reimbursement of a Medicaid lien. The Chief Special Master adopted the stipulation as the decision awarding damages, granting a total award of $51,460.08.