David Colucci v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2019)

David Colucci filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine administered on November 5, 2017. The case was assigned to the Special Processing Unit.

Respondent filed a Rule 4(c) report conceding entitlement, concluding that petitioner's claim met the Table criteria for SIRVA and that the condition persisted for more than six months. Based on the respondent's concession and the evidence, the court issued a ruling on entitlement.

Subsequently, respondent filed a proffer on award of compensation, proposing an award of $100,000.00, which included $95,000.00 for pain and suffering, $1,453.87 for past unreimbursed expenses, and $3,546.13 for past lost earnings. Petitioner agreed with the proffered award.

The Chief Special Master awarded David Colucci a lump sum payment of $100,000.00, representing compensation for all damages available under the Vaccine Act.