Michael Doby v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Filed 2023-08-10Decided 2024-08-19Vaccine Influenza
compensated$68,020

Case summary [AI summaries can sometimes make mistakes]

Michael Doby filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a Table Injury of shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on October 24, 2021. He alleged that he suffered residual effects for more than six months.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Doby is entitled to compensation.

The respondent concluded that the alleged injury was consistent with SIRVA, noting that Mr. Doby had no prior history of shoulder issues, pain occurred within 48 hours of the vaccination, the pain was limited to the injection site, and no other condition explained the pain.

The respondent also agreed that the injury effects lasted more than six months. Based on the respondent's concession and the evidence, the Chief Special Master found Mr.

Doby entitled to compensation. Subsequently, the respondent filed a proffer on damages, recommending an award of $67,500.00 for pain and suffering and $520.32 for unreimbursed expenses, totaling $68,020.32.

Mr. Doby agreed with this proffered award.

The Chief Special Master issued a decision awarding Mr. Doby a lump sum payment of $68,020.32.

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