Daniel Swinton v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)

Filed 2024-02-21Decided 2025-02-18Vaccine Influenza
compensated$88,054

Case summary [AI summaries can sometimes make mistakes]

Daniel Swinton filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine he received on October 17, 2022, resulted in a shoulder injury related to vaccine administration (SIRVA). He further alleged that he suffered residual effects of this injury for more than six months.

The respondent conceded that Mr. Swinton's injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting that his pain occurred within forty-eight hours after vaccination, was limited to the injection shoulder, and no other condition explained the pain.

The respondent also agreed that Mr. Swinton suffered residual effects for more than six months and satisfied all legal prerequisites for compensation.

A ruling on entitlement was issued on October 21, 2024, finding Mr. Swinton entitled to compensation.

Subsequently, on January 14, 2025, the respondent filed a proffer on award of compensation, recommending a total award of $88,054.40, consisting of $87,500.00 for pain and suffering and $554.40 for past unreimbursed expenses. Mr.

Swinton agreed with this proffered award. On February 18, 2025, the Chief Special Master issued a decision awarding Mr.

Swinton the stipulated lump sum of $88,054.40.

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