Daniel Mitchell v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2024)

Daniel Mitchell filed a petition for compensation under the National Vaccine Injury Compensation Program on July 20, 2023, alleging that he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine received on October 8, 2021. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on July 25, 2024, conceding that Mr.

Mitchell's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that he had satisfied all legal prerequisites for compensation. On July 29, 2024, Chief Special Master Brian H.

Corcoran issued a Ruling on Entitlement, finding Mr. Mitchell entitled to compensation.

Subsequently, on September 11, 2024, the respondent filed a Proffer on Award of Compensation, which Mr. Mitchell agreed to.

On September 12, 2024, Chief Special Master Corcoran issued a Decision on Damages, awarding Daniel Mitchell a lump sum of $100,000.00 for pain and suffering. This award represents compensation for all damages available under Section 15(a) of the Vaccine Act.

Petitioner was represented by Jubaile Abila of Groth Law Firm, and respondent was represented by Neil Bhargava of the U.S. Department of Justice.

The public decision does not describe the onset, specific symptoms, diagnostic tests, treatments, or the mechanism of injury.