Spencer Thornton v. HHS - HPV, right shoulder injury related to vaccine administration (SIRVA) (2024)

Spencer Thornton filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving a human papillomavirus (HPV) vaccination on June 25, 2021. He further alleged that the residual effects of his injury lasted for more than six months.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that he had satisfied all legal prerequisites for compensation. Consequently, a Ruling on Entitlement was issued finding Spencer Thornton entitled to compensation.

Subsequently, the respondent filed a Proffer on award of compensation, proposing an award of $130,000.00 for pain and suffering, $1,376.75 for past unreimbursable expenses, and $10,324.01 to satisfy a Medi-Cal lien. The petitioner agreed with this proffered award.

The Chief Special Master issued a Decision Awarding Damages, awarding Spencer Thornton a total of $141,700.76 through two lump sum payments: one for pain and suffering and past unreimbursable expenses, and another to satisfy the Medi-Cal lien.