Anthony Nelson v. HHS - Influenza, left shoulder injury (2016)

Anthony Nelson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he received an influenza vaccine on December 4, 2014, and subsequently suffered a left shoulder injury. The case was assigned to the Special Processing Unit.

Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding entitlement to compensation. The respondent concluded that the evidence established that the injury was caused-in-fact by the flu vaccine and was not due to unrelated factors.

The respondent also noted that the injury had persisted for more than six months. Based on the respondent's concession and the record, the court found Anthony Nelson entitled to compensation for Shoulder Injury Related to Vaccine Administration (SIRVA).

Subsequently, the respondent filed a proffer on award of compensation, recommending an award of $85,000.00, which petitioner agreed to. The court awarded Anthony Nelson a lump sum payment of $85,000.00, representing compensation for all damages available under the Act.