Douglas A. Freedman v. HHS - Influenza, shoulder pain and restricted range of motion (2018)

Douglas A. Freedman filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered shoulder pain and restricted range of motion caused by an influenza vaccine he received on October 23, 2013.

He stated that he received the vaccination in the United States, had suffered residual effects for more than six months, and had never received prior compensation. Respondent filed a Rule 4(c) report conceding that Mr.

Freedman was entitled to compensation and that his Shoulder Injury Related to Vaccine Administration (SIRVA) was more likely than not caused by the vaccination. Based on the respondent's concession and the evidence, the court found Mr.

Freedman entitled to compensation. Subsequently, a decision awarding damages was issued.

The respondent filed a proffer on award of compensation, recommending an award of $100,000.00, which represented all elements of compensation to which Mr. Freedman would be entitled under the Act.

Mr. Freedman agreed with this proffered award.

The court awarded Mr. Freedman a lump sum payment of $100,000.00.