Robert Nolop v. HHS - Influenza, left shoulder injury; Shoulder Injury Related to Vaccine Administration (SIRVA) (2015)

Robert Nolop filed a petition for compensation under the National Vaccine Injury Compensation Program on June 30, 2015, alleging that he suffered a left shoulder injury, specifically Shoulder Injury Related to Vaccine Administration (SIRVA), as a result of receiving an influenza vaccine on October 24, 2012. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that petitioner suffered a non-Table SIRVA injury causally related to the flu vaccine and that the sequelae lasted for more than six months, thus meeting the statutory requirements for compensation.

Based on this concession, the Chief Special Master issued a ruling on entitlement, finding Mr. Nolop entitled to compensation.

Subsequently, on November 17, 2015, a decision awarding damages was issued, based on a proffer from the respondent. The parties agreed to an award of $86,885.92, comprising $85,000.00 for pain and suffering and $1,885.92 for past unreimbursable expenses.

Later, on February 17, 2016, the parties filed a stipulation for attorneys' fees and costs, agreeing to an award of $12,298.27, which was also granted by the court.