Derek Molina v. HHS - Influenza, left shoulder injury (2018)

Derek Molina filed a petition for compensation under the National Vaccine Injury Compensation Program on June 30, 2017. He alleged that he suffered a left shoulder injury as a result of an influenza vaccine administered on October 4, 2016.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on March 5, 2018, conceding that Mr. Molina was entitled to compensation.

The respondent agreed that the alleged injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA), a condition listed on the Vaccine Injury Table. The respondent noted that Mr.

Molina had no prior history of left shoulder pain, inflammation, or dysfunction, that medical records documented pain occurring within 48 hours after the intramuscular vaccination, that the pain was limited to the shoulder where the vaccine was administered, and that no other condition explained the shoulder pain. The respondent also agreed that Mr.

Molina suffered residual effects for more than six months and that all legal prerequisites for compensation were met. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on March 23, 2018, finding Mr.

Molina entitled to compensation. Subsequently, on August 23, 2018, the parties filed a stipulation regarding damages.

The respondent submitted a proffer recommending an award of $93,409.05, which Mr. Molina agreed to.

On October 23, 2018, Chief Special Master Dorsey issued a Decision Awarding Damages, awarding Derek Molina a lump sum payment of $93,409.05, payable by check to him, as compensation for all damages. Petitioner counsel was John Robert Howie of Howie Law, PC, and respondent counsel was Mallori Browne Openchowski of the U.S.

Department of Justice.