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

Michael Wallace filed a petition for compensation under the National Vaccine Injury Compensation Program on August 8, 2017, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 15, 2016. The petition stated that the vaccination occurred in the United States, that the residual effects of the injury lasted for more than six months, and that no civil action had been filed or settlement accepted for the vaccine-caused injury.

The case was assigned to the Special Processing Unit. On June 12, 2018, the respondent filed a Rule 4(c) report conceding that Mr.

Wallace's claim met the Table criteria for SIRVA and that entitlement to compensation was appropriate under the Vaccine Act. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on June 12, 2018, finding Mr.

Wallace entitled to compensation. Subsequently, on July 19, 2018, the respondent filed a proffer of damages, recommending an award of $101,928.12.

This amount included $100,000.00 for pain and suffering and $1,928.12 for past unreimbursable expenses. The respondent represented that Mr.

Wallace agreed with this proffered award. On October 17, 2018, Chief Special Master Dorsey issued a decision awarding Mr.

Wallace a lump sum payment of $101,928.12, representing compensation for all damages available under § 15(a). The award was to be paid by check to petitioner, Michael Wallace.

Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Ann Donohue Martin of the U.S. Department of Justice.