Edward Anthony v. HHS - Influenza, chronic left shoulder injury related to vaccine administration (SIRVA) (2016)

Edward Anthony, a 62-year-old adult, filed a petition on October 28, 2014, alleging a chronic left shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccination he received in his left shoulder on October 31, 2011. The respondent, the Secretary of Health and Human Services, reviewed the facts and concluded that the alleged injury, which lasted for more than six months, was consistent with SIRVA and that Mr.

Anthony met the legal requirements for compensation. On July 30, 2014, a ruling found Mr.

Anthony entitled to compensation. Following substantial negotiations, filings, and a hearing on the pain and suffering component of damages, the parties reached a stipulation regarding damages.

On March 24, 2016, Special Master Christian J. Moran issued a decision awarding Mr.

Anthony a total of $1,008,667. This award included a lump sum payment of $291,842.00, which represented compensation for life care expenses in the first year ($42,530.00), pain and suffering ($248,540.00), and past unreimbursable expenses ($772.00).

Additionally, an amount sufficient to purchase an annuity contract was allocated for future life care items. This annuity will make payments directly to Mr.

Anthony for the remainder of his life, subject to conditions regarding the life insurance company's financial rating and notification of death. The annuity payments are structured to grow at a four percent annual rate for non-medical life care items and a six percent annual rate for medical life care items, as detailed in Appendix A of the decision.

The total award represents compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Richard Gage of Richard Gage, P.C., and respondent was represented by Gordon Shemin of the U.S.

Department of Justice. Special Master Christian J.

Moran presided over the case.