Ronald Devingo v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)

Ronald Devingo filed a petition for compensation under the National Vaccine Injury Compensation Program on June 8, 2017, alleging that he received an influenza vaccine on November 12, 2015, and subsequently suffered from a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on January 3, 2018, conceding that Mr.

Devingo's medical course was consistent with SIRVA, a condition listed on the Vaccine Injury Table, and that he suffered residual effects for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on May 2, 2018, finding Mr.

Devingo entitled to compensation. Subsequently, on May 2, 2018, Chief Special Master Dorsey issued a decision awarding Mr.

Devingo a lump sum payment of $85,000.00 as compensation for all damages. The decision noted that the respondent's Rule 4/Proffer indicated Mr.

Devingo agreed with the proffered award. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury beyond its classification as SIRVA.

Petitioner was represented by Carol L. Gallagher, and respondent was represented by Daniel Anthony Principato.