John D. Buser v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2016)

John D. Buser filed a petition for compensation on April 29, 2016, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine he received on October 12, 2014.

The respondent filed a Rule 4(c) report on April 28, 2016, conceding that the petitioner's alleged injury was consistent with SIRVA and was caused in fact by the flu vaccine administered on October 12, 2014. The respondent also agreed that Mr.

Buser met the statutory requirements for entitlement to compensation. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on May 31, 2016, finding Mr.

Buser entitled to compensation based on the respondent's concession and the evidence presented. Subsequently, on the same date, Chief Special Master Dorsey issued a decision awarding damages based on a stipulation and proffer.

The respondent proffered an award of $100,000.00, which the petitioner agreed to. The decision states that the petitioner is entitled to a lump sum payment of $100,000.00, payable to John D.

Buser, representing compensation for all damages available under § 300aa-15(a). The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or the mechanism of injury.

Petitioner was represented by William E. Cochran, Jr. of Black McLaren, et al., PC, and respondent was represented by Claudia Barnes Gangi of the U.S.

Department of Justice.