Marvin Rausch v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2016)
Case summary [AI summaries can sometimes make mistakes]
Marvin Rausch filed a petition for compensation under the National Vaccine Injury Compensation Program alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination on August 28, 2014. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr.
Rausch was entitled to compensation. The respondent concluded that Mr.
Rausch suffered a SIRVA causally related to the flu vaccination and that he met all legal prerequisites for compensation. Based on the respondent's concession and the evidence, the Chief Special Master issued a ruling on entitlement finding Mr.
Rausch entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation, recommending an award of $115,000.00, which Mr.
Rausch agreed to. The court awarded Mr.
Rausch a lump sum payment of $115,000.00, representing compensation for all available damages.