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

Filed 2015-11-05Decided 2015-12-01Vaccine Influenza
compensated$145,225

Case summary [AI summaries can sometimes make mistakes]

Dennis Carlson filed a petition for compensation under the National Vaccine Injury Compensation Program on August 20, 2015, alleging that he developed a shoulder injury related to vaccine administration (SIRVA) in his right arm as a result of receiving an influenza vaccine on November 3, 2014. The case was assigned to the Special Processing Unit.

On November 4, 2015, the respondent filed a Rule 4(c) report conceding that petitioner was entitled to compensation, stating that his injury was consistent with SIRVA and compensable under the Vaccine Act, and that the records showed the injury's sequelae lasted more than six months. On November 5, 2015, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement finding petitioner entitled to compensation.

Subsequently, on November 24, 2015, the respondent filed a proffer on award of compensation, recommending an award of $145,225.36. The parties agreed to this award.

The proffered award included $140,000.00 for pain and suffering and $5,225.36 for lost earnings. On December 1, 2015, Chief Special Master Dorsey issued a decision awarding Dennis Carlson a lump sum payment of $145,225.36, representing compensation for pain and suffering and lost earnings.

Petitioner was represented by Michael G. McLaren of Black McLaren, et al., PC, and respondent was represented by Justine Elizabeth Walters of the U.S.

Department of Justice.

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