Carlos Orduz v. HHS - Influenza, right-sided shoulder injury related to vaccine administration (SIRVA) (2018)

Carlos Orduz filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that his receipt of an influenza vaccine on September 20, 2016, caused him to suffer a right-sided shoulder injury related to vaccine administration (SIRVA). The respondent conceded that petitioner's injury was consistent with SIRVA, as defined on the Vaccine Injury Table, and that his pain occurred within 48 hours of vaccination, was limited to the shoulder of injection, and no other condition explained the pain.

Based on this concession and the evidence, the court found petitioner entitled to compensation. Subsequently, the parties filed a proffer on award of compensation, with the respondent indicating that petitioner should be awarded $65,780.00, consisting of $64,000.00 for pain and suffering and $1,780.00 for past unreimbursed expenses.

Petitioner agreed with this proffered award. The court awarded Carlos Orduz a lump sum payment of $65,780.00, representing compensation for all damages available under the Vaccine Act.