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

Dennis Long filed a petition for compensation under the National Vaccine Injury Compensation Program on June 18, 2018, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on December 8, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on May 24, 2019, conceding that Mr.

Long's medical course was consistent with a SIRVA, which is a Table injury, and that he suffered residual effects for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on May 28, 2019, finding Mr.

Long entitled to compensation. Subsequently, the parties reached a stipulation for damages.

On June 24, 2020, the respondent filed a proffer on the award of compensation, proposing an award of $72,500.00 for pain and suffering and $1,429.44 for past unreimbursable expenses, which the petitioner agreed to. Chief Special Master Brian H.

Corcoran issued a Decision Awarding Damages on June 25, 2020, awarding Dennis Long a total of $73,929.44, payable as a lump sum in the form of a check to the petitioner. This amount represented compensation for all damages available under the Vaccine Act.

Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Colleen Clemons Hartley of the U.S. Department of Justice.