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

John Battaglia 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 vaccine he received on October 24, 2022. He further alleged that he suffered residual effects of his injury for more than six months.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner was entitled to compensation. The respondent agreed that the petitioner's injury was consistent with SIRVA, noting that he had no prior history of shoulder issues, the pain occurred within 48 hours of vaccination, and the pain and reduced range of motion were limited to the vaccinated shoulder.

The respondent also agreed that the petitioner suffered residual effects for more than six months, satisfying all legal prerequisites for compensation. Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement, finding John Battaglia entitled to compensation.

Subsequently, the respondent filed a proffer on award of compensation, proposing an award of $20,000.00 for pain and suffering, which the petitioner agreed to. The court awarded John Battaglia a lump sum payment of $20,000.00 for pain and suffering.