Kenneth A. Bradley v. HHS - Influenza, left shoulder injury related to vaccine administration (2020)

Filed 2018-10-04Decided 2020-01-14Vaccine Influenza
compensated$85,423

Case summary [AI summaries can sometimes make mistakes]

Kenneth A. Bradley filed a petition for compensation under the National Vaccine Injury Compensation Program on October 4, 2018, alleging he suffered a left shoulder injury related to vaccine administration, also known as SIRVA, after receiving an influenza vaccine on January 26, 2018.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Bradley's claim met the Table criteria for SIRVA and that he was entitled to compensation.

Chief Special Master Brian H. Corcoran issued a ruling on entitlement on November 4, 2019, finding Mr.

Bradley entitled to compensation. Subsequently, on December 10, 2019, the respondent filed a proffer on award of compensation.

The parties agreed to a total award of $85,423.06. This amount included a lump sum of $85,000.00 payable to Mr.

Bradley and $423.06 to satisfy the State of Maine's Medicaid lien. Chief Special Master Corcoran issued a decision awarding damages on January 14, 2020, approving the proffered award.

Mr. Bradley is a competent adult.

Petitioner was represented by Jimmy A. Zgheib of Zgheib Sayad, P.C., and respondent was represented by Glenn Alexander MacLeod of the U.S.

Department of Justice.

Theory of causation

Petitioner Kenneth A. Bradley alleged a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on January 26, 2018. The respondent conceded that the claim met the Table criteria for SIRVA. The public decision does not describe the specific mechanism of injury, onset, symptoms, medical tests, or treatments. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on November 4, 2019, finding petitioner entitled to compensation. On December 10, 2019, respondent filed a proffer on award of compensation, agreeing to a total award of $85,423.06, which included a lump sum of $85,000.00 payable to petitioner and $423.06 to satisfy the State of Maine's Medicaid lien. The decision awarding damages was issued on January 14, 2020. Petitioner was represented by Jimmy A. Zgheib, and respondent was represented by Glenn Alexander MacLeod.

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