Gilmore Wright, II v. HHS - Influenza, left rotator cuff syndrome (2017)

Gilmore Wright, II filed a petition for compensation under the National Vaccine Injury Compensation Program on May 25, 2016, alleging that he suffered injuries, including left rotator cuff syndrome, as a result of an influenza vaccine administered to his left deltoid on November 7, 2014. The case was assigned to the Special Processing Unit.

On July 18, 2016, the respondent filed a Rule 4(c) report conceding that the petitioner's alleged injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and that the petitioner had satisfied all legal prerequisites for compensation under the Vaccine Act. On July 20, 2016, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding the petitioner entitled to compensation based on the respondent's concession and the evidence.

Subsequently, on September 30, 2016, the respondent filed a proffer on award of compensation, recommending an award of $76,380.24. The petitioner agreed with this proffered award.

On January 9, 2017, Chief Special Master Nora Beth Dorsey issued a decision awarding the petitioner a lump sum payment of $76,380.24, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision noted that the case was originally filed on July 20, 2016, and the ruling on entitlement was issued on July 20, 2016.

Petitioner's counsel was Paul Brazil of Muller Brazil, LLP, and respondent's counsel was Voris Johnson of the U.S. Department of Justice.

The public decision was issued on January 9, 2017.