Eliseo Rael v. HHS - Influenza, left shoulder injury (2020)

Eliseo Rael filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a left shoulder injury resulting from his December 17, 2015 influenza vaccination. The case was initially handled by the Special Processing Unit.

In February 2017, the respondent conceded that Mr. Rael's injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and was caused by the flu vaccine, and that he met all legal prerequisites for compensation.

The case was later removed from the Special Processing Unit when the parties could not agree on the amount of compensation. Mr.

Rael sought compensation for pain and suffering and lost earnings, while the respondent contested the lost earnings claim. After reviewing the evidence and arguments, the Special Master awarded Mr.

Rael $88,032.56. This amount included $85,000 for past pain and suffering, $2,807.56 for future pain and suffering calculated at $100 per year for 36 years with a 2% discount rate, and $225 for unreimbursed medical expenses.

The claim for lost earnings was denied as Mr. Rael did not persuasively establish he was likely to obtain highly competitive positions.

The decision was issued on February 25, 2020.