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

Ricky Buras filed a petition for compensation under the National Vaccine Injury Compensation Program on July 27, 2017, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination he received on October 19, 2016. The case was assigned to the Special Processing Unit.

On April 9, 2018, the respondent filed a Rule 4(c) report conceding that Mr. Buras was entitled to compensation.

The respondent concluded that while the injury was not a "Table SIRVA" (meaning it did not meet the specific criteria outlined in the Vaccine Injury Table for SIRVA), it was caused-in-fact by the flu vaccine. The respondent also agreed that Mr.

Buras had met the statutory requirements for entitlement. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on April 13, 2018, finding Mr.

Buras entitled to compensation. Subsequently, on May 4, 2018, the respondent filed a proffer recommending an award of $92,500.00 for all damages and an additional $3,163.33 to satisfy a State of Mississippi Medicaid lien.

The proffer stated that Mr. Buras, identified as a competent adult, agreed with the proffered award.

On September 5, 2018, Chief Special Master Dorsey issued a decision awarding damages based on the proffer. The award consisted of a lump sum payment of $92,500.00, payable to Ricky Buras, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

Additionally, a lump sum payment of $3,163.33 was awarded to satisfy the State of Mississippi Medicaid lien, payable jointly to Ricky Buras and Magnolia Health. The total award amounted to $95,663.33.

Petitioner counsel was Brian L. Cinelli of Marcus & Cinelli, LLP, and respondent counsel was Traci R.

Patton of the U.S. Department of Justice.