M.A. v. HHS - Influenza, shoulder injuries (2020)

On January 22, 2018, M.A. filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered shoulder injuries caused in fact by an influenza vaccination received on October 4, 2016. The petition stated that the vaccination was received in the United States, that the petitioner continued to suffer residual effects from the injuries, and that no civil action had been filed or compensation received for these alleged vaccine-caused injuries.

The case was assigned to the Special Processing Unit. On March 1, 2019, the respondent filed a Rule 4(c) report conceding that the petitioner's claim met the Table criteria for Shoulder Injury Related to Vaccine Administration (SIRVA).

Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on March 1, 2019, finding M.A. entitled to compensation. Subsequently, on July 27, 2020, the respondent filed a proffer on the award of compensation.

On August 24, 2020, Chief Special Master Brian H. Corcoran issued a decision awarding damages based on this proffer.

The award included a lump sum of $105,906.00, which comprised $95,000.00 for pain and suffering, $4,706.00 for past unreimbursable expenses, and $6,200.00 for life care expenses in the first year after judgment. The decision also allocated an additional amount sufficient to purchase an annuity contract for future life care expenses as detailed in a joint life care plan.

Petitioner was represented by Jane Ann Morrow of Otorowski, Johnston, et al., and respondent was represented by Linda Sara Renzi of the U.S. Department of Justice.