Robert T. Ferenc v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2016)

Robert T. Ferenc filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered an injury to his left shoulder as a result of receiving an influenza vaccine on September 11, 2013.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report conceding that Mr. Ferenc was entitled to compensation.

The respondent concluded that his injury was consistent with shoulder injury related to vaccine administration (SIRVA) and that the flu vaccine caused the injury. The respondent also stated that no other causes were identified and that the injury had sequelae for more than six months.

Based on the respondent's concession and the evidence, the court found Mr. Ferenc entitled to compensation.

Subsequently, the respondent filed a proffer on award of compensation, proposing an award of $175,000.00. Mr.

Ferenc agreed with this proffered award. The court then awarded Mr.

Ferenc a lump sum payment of $175,000.00, representing compensation for all damages available under the Act.