Richard Kaufman v. HHS - Influenza, right shoulder injury (2016)

Richard Kaufman filed a petition for compensation under the National Vaccine Injury Compensation Program on September 21, 2015, alleging a right shoulder injury resulting from an influenza vaccination received on September 10, 2014. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner's injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and was a "caused-in-fact" injury under the Vaccine Act.

The respondent also confirmed that the claim was timely filed, the vaccine was received in the United States, the condition persisted for more than six months, and no prior compensation had been received. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on January 22, 2016, finding Mr.

Kaufman entitled to compensation. Subsequently, on January 20, 2016, the respondent filed a proffer on award of compensation, proposing an award of $110,000.00, which the petitioner agreed to.

On May 4, 2016, Chief Special Master Dorsey issued a decision awarding Mr. Kaufman a lump sum payment of $110,000.00, representing compensation for all damages available under the Vaccine Act.

Petitioner was represented by Amber Diane Wilson of Maglio Christopher and Toale, PA, and respondent was represented by Robert Paul Coleman, III of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury beyond its consistency with SIRVA.