Wesley Faske v. HHS - Influenza, shoulder injury related to vaccine administration (2023)

Wesley Faske 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 October 8, 2018. The case was assigned to the Special Processing Unit.

Respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation, stating that Petitioner satisfied the criteria for a presumptive flu vaccine-induced SIRVA injury and all statutory and jurisdictional requirements. A ruling on entitlement was issued on June 25, 2021, finding Petitioner entitled to compensation.

Subsequently, on December 27, 2022, Respondent filed a proffer on award of compensation, indicating Petitioner should be awarded $44,338.69, comprised of $42,500.00 for pain and suffering and $1,838.69 for past unreimbursable out-of-pocket medical expenses. Petitioner agreed with the proffered award.

The decision awarded Petitioner a lump sum payment of $44,338.69.