Sean M. O’Malley v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Sean M. O’Malley filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 7, 2021.

He also received a COVID-19 vaccine on the same day. O'Malley claimed the flu vaccine caused his SIRVA and that he experienced residual effects for more than six months.

The respondent denied that O'Malley sustained a SIRVA Table injury or that the vaccine caused his condition. Despite these denials, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation.

The court adopted the stipulation, awarding O'Malley a lump sum of $15,625.00 for all damages. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act.

The case proceeded as a Table claim, and the parties stipulated to the award amount.