Mark Mueller v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA), including left shoulder adhesive capsulitis, tendinosis of the supraspinatus and infraspinatus tendons, and articular and bursal sided fraying (2020)

Mark Mueller filed a petition for compensation under the National Vaccine Injury Compensation Program on November 30, 2018, alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccination received on December 3, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on November 26, 2019, conceding that Mr.

Mueller's alleged injury was consistent with SIRVA as defined on the Vaccine Injury Table, that he suffered residual effects for more than six months, and that he satisfied all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H.

Corcoran issued a Ruling on Entitlement on November 26, 2019, finding Mr. Mueller entitled to compensation.

Subsequently, on December 17, 2019, the parties submitted a proffer on the award of compensation. The respondent recommended, and Mr.

Mueller agreed, that he should be awarded $90,651.33. This amount consisted of $90,000.00 for pain and suffering and $651.33 for past unreimbursable expenses.

Chief Special Master Corcoran accepted this proffer and issued a Decision Awarding Damages on January 22, 2020, awarding Mr. Mueller a lump sum payment of $90,651.33.

Petitioner was represented by Jimmy A. Zgheib of Zgheib Sayad, P.C., and respondent was represented by Sarah Christina Duncan of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury beyond its classification as SIRVA.