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

Charles Middleton filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 29, 2022. The injury was alleged to have lasted longer than six months.

Respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation, stating that his injury was consistent with SIRVA as defined by the Vaccine Injury Table. Specifically, Petitioner had no prior shoulder issues, pain occurred within 48 hours of vaccination, and the pain and reduced range of motion were limited to the injection shoulder.

Respondent agreed that Petitioner met all legal prerequisites for compensation. A ruling on entitlement was issued on November 7, 2024, finding Petitioner entitled to compensation.

Subsequently, on February 12, 2025, Respondent filed a proffer on award of compensation, proposing an award of $98,745.00. This amount comprised $97,500.00 for pain and suffering and $1,245.00 for past unreimbursable expenses.

Petitioner agreed with this proffered award. The Chief Special Master issued a Decision Awarding Damages on March 20, 2025, awarding Petitioner the lump sum of $98,745.00 as stated in the proffer.