William Cartwright v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2015)

On June 4, 2014, William Cartwright filed a petition seeking compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving an influenza vaccine on October 26, 2011. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report conceding that Mr.

Cartwright's SIRVA was more likely than not caused by the flu vaccine. The respondent specifically stated that the Division of Vaccine Injury Compensation had reviewed the facts and concluded that the petitioner experienced SIRVA within 48 hours of vaccination and that no other causes for the injury were identified.

The respondent also acknowledged that Mr. Cartwright satisfied all other legal prerequisites for compensation under the Vaccine Act.

Based on this concession, Special Master Brian H. Corcoran issued a ruling on September 16, 2014, finding that the petitioner was entitled to compensation for an injury caused-in-fact by a covered vaccine.

A separate damages order was to follow. On December 15, 2014, the respondent filed a proffer proposing an award of compensation, which Special Master Corcoran reviewed and found reasonable.

The Special Master adopted the proffer as his decision awarding damages. The award included a lump sum payment of $183,871.81, representing past lost earnings of $3,726.92, pain and suffering of $175,000.00, and past unreimbursable expenses of $5,144.89.

The award was to be made in the form of a check payable to William Cartwright, who was described as a competent adult. Petitioner was represented by Ronald Homer of Conway, Homer & Chin-Caplan, P.C., and respondent was represented by Lisa Watts of the U.S.

Department of Justice. The decision was not to be published.