Daniel McNeal v. HHS - Influenza, left shoulder injury (2017)

Daniel McNeal filed a petition for compensation under the National Vaccine Injury Compensation Program on August 19, 2016, alleging he suffered a left shoulder injury as a result of receiving an influenza vaccine on November 3, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on April 25, 2017, conceding that Mr.

McNeal's alleged injury was consistent with a shoulder injury related to vaccine administration (SIRVA). The respondent also agreed that no other causes for the injury were identified and that the statutory six-month sequela requirement was satisfied.

Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey found Mr. McNeal entitled to compensation in a ruling issued on April 25, 2017.

Subsequently, on April 25, 2017, Chief Special Master Dorsey issued a decision awarding damages based on a stipulation. The respondent's Rule 4(c) report and proffer indicated that Mr.

McNeal should be awarded $154,338.14, and the petitioner agreed with this proffered award. The decision awarded Mr.

McNeal a lump sum payment of $154,338.14, payable by check to Daniel McNeal, representing compensation for all damages available under the Vaccine Act. Leah V.

Durant represented the petitioner, and Robert P. Coleman, III represented the respondent.

The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses involved in this case.