Ricardo Hernandez v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)

Ricardo Hernandez filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that a flu vaccine administered on September 27, 2016, caused debilitating pain, restricted range of motion, and adhesive capsulitis of his left shoulder and arm. The respondent, the Secretary of Health and Human Services, conceded that the alleged injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and that it was caused by the flu vaccine.

The respondent also confirmed that no other causes were identified, that the onset occurred within the Table-defined time period, and that the condition persisted for more than six months. Based on the respondent's concession and the evidence of record, the court found that Ricardo Hernandez was entitled to compensation.

Subsequently, the parties submitted a proffer on the award of compensation. The respondent proffered that Ricardo Hernandez should be awarded $115,000.00 for pain and suffering, which Ricardo Hernandez agreed to.

The court accepted this proffer and awarded Ricardo Hernandez a lump sum payment of $115,000.00.