Andrew Elefant v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2016)

Andrew Elefant filed a petition on October 7, 2015, alleging that his September 11, 2014, influenza vaccination caused a shoulder injury related to vaccine administration (SIRVA). The case was assigned to the Special Processing Unit.

The respondent filed a Rule 4(c) report and Proffer on Damages on January 21, 2016, conceding that the petitioner was entitled to compensation. The respondent agreed that the petitioner's alleged injury was consistent with SIRVA and was caused in fact by the flu vaccine received on September 11, 2014.

The respondent also confirmed that no other cause for the injury was identified and that the statutory requirements for residual effects lasting more than six months were met. Based on the evidence and the respondent's concession, Chief Special Master Nora Beth Dorsey found entitlement.

The respondent proffered an award of $95,000.00, representing all elements of compensation, and the petitioner agreed with this amount. Chief Special Master Dorsey awarded Andrew Elefant a lump sum payment of $95,000.00, payable by check, as compensation for all damages available under 42 U.S.C. § 300aa-15(a).

The decision was based on the parties' proffer and concession. Petitioner's counsel was Maximillian Muller of Muller Brazil, LLP, and respondent's counsel was Claudia Gangi of the U.S.

Department of Justice. The public decision does not describe the onset, specific symptoms, diagnostic tests, treatments, or the medical expert witnesses involved.