William Staak, Jr. v. HHS - Influenza, shoulder pain (2017)

William Staak, Jr. filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that within two hours of receiving an influenza vaccination on September 29, 2015, he developed severe left shoulder pain. The respondent, the Secretary of Health and Human Services, conceded that Mr.

Staak, Jr.'s alleged injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and that it was caused in fact by the flu vaccine. The respondent further indicated that Mr.

Staak, Jr. had satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence, the court found Mr.

Staak, Jr. entitled to compensation. Subsequently, the parties submitted a proffer on award of compensation.

The respondent recommended an award of $55,000.00, representing all elements of compensation to which Mr. Staak, Jr. would be entitled under the Act, and Mr.

Staak, Jr. agreed with this amount. The court awarded Mr.

Staak, Jr. a lump sum payment of $55,000.00.