Robert Rowan v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2016)

Robert Rowan filed a petition for compensation under the National Vaccine Injury Compensation Program on March 29, 2016, alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine. The respondent, the Secretary of Health and Human Services, filed a report on March 7, 2016, conceding that Mr.

Rowan was entitled to compensation for his injury. Following discussions between the parties, the respondent filed a "Respondent’s Proffer on Award of Compensation" on March 28, 2016.

Mr. Rowan's counsel, Maximillian Muller, indicated that Mr.

Rowan accepted the proffer as a reasonable measure of the award amount. Special Master George L.

Hastings reviewed the file and the parties' agreement. He concluded that the respondent's proffer was appropriate pursuant to Section 300aa-15(b) of the Vaccine Act.

Special Master Hastings ordered that the respondent make a lump sum payment of $120,000.00, payable to Robert Rowan, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). This award covers all elements of compensation, including pain and suffering and any other applicable damages.

The decision was issued on March 29, 2016. Petitioner's counsel was Maximillian J.

Muller, and respondent's counsel was Jason C. Bougere.