Philip Arcadipane v. HHS - Pneumococcal, left-sided shoulder injury related to vaccine administration (SIRVA) (2019)

Philip Arcadipane filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that his pneumococcal conjugate vaccination on February 26, 2016, caused him to suffer a left-sided shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the alleged injury was consistent with SIRVA caused by the vaccine and that Mr.

Arcadipane had satisfied all legal prerequisites for compensation. Based on this concession and the record, the court issued a ruling on entitlement, finding Mr.

Arcadipane entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation, proposing an award of $100,000.00, which Mr.

Arcadipane agreed to. The court accepted the proffer and awarded Mr.

Arcadipane a lump sum payment of $100,000.00 for pain and suffering, representing all damages available under the Vaccine Act. The petition was filed on April 17, 2019, and the final decision awarding damages was issued on July 3, 2019.