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

Juan Cruz filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination he received on October 24, 2022. He further alleged that his injury has persisted for more than six months.

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

The respondent stated that Mr. Cruz's injury is consistent with SIRVA as defined by the Vaccine Injury Table, noting that he had no prior shoulder issues, the pain occurred within 48 hours of vaccination, and the pain and reduced range of motion were limited to the injection site.

The respondent also agreed that Mr. Cruz satisfied all legal prerequisites for compensation.

Based on the respondent's concession and the evidence, the Chief Special Master found that Mr. Cruz is entitled to compensation.

The case is proceeding to determine the award amount.