Fred S. Alba, Jr. v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
On December 11, 2023, Fred S. Alba, Jr. filed a petition alleging that an influenza vaccination administered on October 30, 2022 caused a shoulder injury related to vaccine administration.
Respondent filed a Rule 4(c) report conceding entitlement. The concession accepted the Table SIRVA criteria, including pain within forty-eight hours after intramuscular vaccination and satisfaction of the legal prerequisites for compensation.
Chief Special Master Brian H. Corcoran found entitlement on December 13, 2024.
The public record does not describe Mr. Alba's first symptom, shoulder examinations, imaging, injections, therapy, or functional limitations.
On March 7, 2025, the Chief Special Master awarded $107,023.29 as a lump sum through counsel's IOLTA account: $105,000.00 for pain and suffering and $2,023.29 for past unreimbursable expenses. A later September 5, 2025 decision addressed attorneys' fees and costs only.
Theory of causation
Adult petitioner; influenza vaccine October 30, 2022; Table SIRVA with pain within 48 hours. COMPENSATED. Entitlement December 13, 2024; damages March 7, 2025. Award $107,023.29 = $105,000.00 pain/suffering + $2,023.29 expenses. SM Corcoran. Petition filed December 11, 2023.
Source PDFs
USCOURTS-cofc-1_23-vv-02098