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

Joel Vessey filed a petition on September 26, 2014, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving an influenza vaccine on October 24, 2011. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report conceding that Mr.

Vessey was entitled to compensation. The respondent concluded that the alleged injury was consistent with SIRVA and was caused-in-fact by the flu vaccine, and that Mr.

Vessey met the statutory requirement of suffering from the condition for more than six months. Based on the respondent's concession and the evidence, the Special Master found Mr.

Vessey entitled to compensation. Subsequently, on March 16, 2015, the respondent filed a Proffer indicating that Mr.

Vessey agreed to an award of $80,000. This amount was confirmed by Mr.

Vessey's counsel. The Special Master awarded Mr.

Vessey a lump sum payment of $80,000.00, representing all elements of compensation available under the National Vaccine Injury Compensation Program.