John Emerson v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2016)

John Emerson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccination on October 11, 2013, caused him to suffer a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, conceded entitlement to compensation.

The respondent determined that Mr. Emerson's injury was consistent with SIRVA, was caused-in-fact by the flu vaccine, and met the statutory sequela requirement.

A ruling on entitlement was issued on September 15, 2015, finding Mr. Emerson entitled to compensation.

Subsequently, on January 15, 2016, the respondent filed a proffer on award of compensation, proposing an award of $83,000.00. Mr.

Emerson agreed with this proposed award. Chief Special Master Dorsey issued a decision on May 4, 2016, awarding Mr.

Emerson a lump sum payment of $83,000.00, representing compensation for all damages available under the Vaccine Act.