Romeo Raabe v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2017)

Filed 2017-01-13Decided 2017-12-08Vaccine Influenza
compensated$80,000

Case summary [AI summaries can sometimes make mistakes]

Romeo Raabe, an adult, filed a petition for compensation under the National Vaccine Injury Compensation Program on June 30, 2016. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination he received on October 6, 2015.

The case was assigned to the Special Processing Unit. On January 12, 2017, the respondent filed a Rule 4(c) report conceding that Mr.

Raabe was entitled to compensation. The respondent determined that the alleged injury was consistent with SIRVA caused by the influenza vaccination, that no other cause for the injury was identified, that Mr.

Raabe suffered residual effects for more than six months, and that all legal prerequisites for compensation were met. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on January 13, 2017, finding Mr.

Raabe entitled to compensation. Subsequently, on April 14, 2017, the respondent filed a proffer on award of compensation, proposing an award of $80,000.00, stating that the petitioner agreed with this amount.

Chief Special Master Dorsey reviewed the proffer and the record, and on December 8, 2017, issued a decision awarding Romeo Raabe a lump sum payment of $80,000.00, payable by check to him, as compensation for all damages. Petitioner was represented by Paul Brazil of Muller Brazil, LLP, and respondent was represented by Debra Filteau Begley of the U.S.

Department of Justice.

Theory of causation

Petitioner Romeo Raabe received an influenza vaccination on October 6, 2015. He alleged a shoulder injury related to vaccine administration (SIRVA). The respondent conceded that the injury was consistent with SIRVA caused by the vaccination, that no other cause was identified, and that petitioner suffered residual effects for more than six months, satisfying all legal prerequisites for compensation. The theory of causation was based on the "Table" for SIRVA. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on January 13, 2017. On April 14, 2017, respondent proffered an award of $80,000.00, which petitioner accepted. Chief Special Master Dorsey awarded Romeo Raabe a lump sum of $80,000.00 on December 8, 2017. Petitioner's counsel was Paul Brazil, and respondent's counsel was Debra Filteau Begley.

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