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

Richard Denham filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 28, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr.

Denham was entitled to compensation. The respondent specifically concluded that Mr.

Denham suffered a Table injury of SIRVA and agreed that compensation was appropriate, as all legal prerequisites had been satisfied. Subsequently, the respondent filed a proffer on award of damages, proposing an award of $86,924.79, which included $85,000.00 for pain and suffering and $1,924.79 for past unreimbursed expenses.

Mr. Denham agreed with this proffered award.

Based on the record and the respondent's concession, the Chief Special Master found Mr. Denham entitled to compensation and awarded the proffered lump sum amount.

The case was resolved by stipulation on the issue of entitlement and damages.