Steven Vinueza v. HHS - Influenza, subcutaneous abscess that resulted in scarring (2020)

Steven Vinueza filed a petition for compensation under the National Vaccine Injury Compensation Program on February 28, 2019. He alleged that he developed a subcutaneous abscess that resulted in scarring after receiving an influenza vaccine on November 21, 2017.

Mr. Vinueza initially described his injury as a Shoulder Injury Related to Vaccine Administration (SIRVA).

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on April 15, 2020, conceding that Mr. Vinueza sustained an abscess and residual scarring caused in fact by the flu vaccine administered at the same location.

However, the respondent denied that the injury was a SIRVA and requested that entitlement for SIRVA be denied. On April 16, 2020, Chief Special Master Brian H.

Corcoran issued a ruling on entitlement, finding Mr. Vinueza entitled to compensation for his subcutaneous abscess and scarring.

Subsequently, on May 19, 2020, the parties filed a proffer on the award of compensation. The respondent proposed an award of $42,500.00 for actual and projected pain and suffering, with projected amounts reduced to net present value.

Mr. Vinueza agreed with this proffered award.

Chief Special Master Corcoran issued a decision on May 19, 2020, awarding Mr. Vinueza a lump sum payment of $42,500.00, payable by check to Mr.

Vinueza, as compensation for his pain and suffering. Petitioner was represented by Jeffrey S.

Pop of Jeffrey S. Pop & Associates, and respondent was represented by Sarah Christina Duncan of the U.S.

Department of Justice.