Warren K. Bailey v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2017)

Warren K. Bailey filed a claim under the National Vaccine Injury Compensation Program alleging injury from an influenza vaccine received on February 16, 2017.

The alleged injury was a shoulder injury related to vaccine administration (SIRVA). Respondent, the Secretary of Health and Human Services, filed a report conceding entitlement to compensation.

Following discussions, the parties reached a proffer on the award of compensation. Petitioner's counsel accepted the proffer, indicating it was a reasonable measure of the award.

The Special Master reviewed the file and concluded the proffer was appropriate. The decision ordered Respondent to make a lump sum payment of $125,000.00 to Petitioner, representing compensation for all damages available under the statute.

This amount was agreed upon by both parties as compensation for all elements of compensation under 42 U.S.C. § 300aa-15(a). The decision noted that attorneys' fees and litigation costs would be determined at a later date.

The case was resolved by stipulation and proffer, with entitlement conceded by the Respondent and compensation awarded.