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

James Southard filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a Table injury, specifically shoulder injury related to vaccine administration (SIRVA), as a result of an influenza vaccination received on September 16, 2022. He stated that he received the vaccine in the United States, suffered residual effects for more than six months, and had no prior award or settlement for his injury.

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

The respondent's report confirmed that the alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting that Mr. Southard had no prior shoulder issues, experienced pain within 48 hours of the vaccination, the pain was localized to the injection site, and no other condition explained the pain.

The respondent also confirmed that the residual effects lasted for more than six months, satisfying all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, the Chief Special Master found that Mr.

Southard is entitled to compensation, with the case proceeding to a damages determination.