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

Joseph Hernandez filed a petition for compensation under the National Vaccine Injury Compensation Program alleging a left shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine he received on September 17, 2021. The respondent conceded that Mr.

Hernandez is entitled to compensation, agreeing that his injury is consistent with SIRVA as defined by the Vaccine Injury Table. The respondent confirmed that Mr.

Hernandez had no prior history of shoulder issues, that his pain occurred within 48 hours after vaccination, was limited to the injection site, and no other condition could explain the pain. Furthermore, the respondent agreed that Mr.

Hernandez suffered residual effects for more than six months and met all legal prerequisites for compensation. Based on the entitlement ruling and the respondent's concession, a ruling on entitlement was issued on January 29, 2024.

Subsequently, on May 30, 2024, the respondent filed a proffer recommending an award of $65,000.00 for past pain and suffering, which Mr. Hernandez agreed to.

The court issued a decision awarding Mr. Hernandez a lump sum payment of $65,000.00.