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

David Phillips filed a petition for compensation under the National Vaccine Injury Compensation Program on March 6, 2024, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on November 21, 2022. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on January 6, 2025, conceding that Mr.

Phillips' injury was consistent with SIRVA as defined by the Vaccine Injury Table and that he suffered residual effects for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H.

Corcoran issued a Ruling on Entitlement on January 14, 2025, finding Mr. Phillips entitled to compensation.

Subsequently, on January 29, 2025, the respondent filed a Proffer on Award of Compensation, which Mr. Phillips agreed to.

In this proffer, the respondent recommended an award of $38,515.48, comprising $37,500.00 for pain and suffering and $1,015.48 for past unreimbursable expenses. Chief Special Master Corcoran issued a Decision Awarding Damages on January 29, 2025, adopting the terms of the proffer and awarding Mr.

Phillips a total of $38,515.48 as a lump sum payment to be disbursed through his counsel's IOLTA account. This award represents compensation for all damages available under the Act.

Petitioner was represented by Jonathan Joseph Svitak of Shannon Law Group, P.C., and respondent was represented by Jeremy Mauritzen of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury beyond its consistency with SIRVA. The public decision also does not name any specific medical experts.