Kenneth Capra v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2020)

Filed 2018-01-26Decided 2020-03-09Vaccine Influenza
compensated$67,618

Case summary [AI summaries can sometimes make mistakes]

Kenneth Capra, an adult, received an influenza vaccine on October 29, 2016. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of this vaccination.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Capra was entitled to compensation for his SIRVA injury.

The respondent agreed that the injury was consistent with a SIRVA and that Mr. Capra had met all legal requirements for compensation.

Based on the respondent's concession and the evidence of record, the Chief Special Master issued a ruling on entitlement, finding Mr. Capra entitled to compensation.

Subsequently, the parties submitted a proffer on the award of compensation. The respondent proposed an award of $67,618.15, which included $67,500.00 for pain and suffering and $118.15 for unreimbursed medical expenses.

Mr. Capra agreed with this proposed award.

The court adopted the proffer and awarded Mr. Capra the stipulated amount of $67,618.15 as a lump sum payment.

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