John McFarland v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)

Filed 2021-08-24Decided 2021-12-01Vaccine Influenza
compensated$60,798

Case summary [AI summaries can sometimes make mistakes]

John McFarland filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine he received on October 2, 2018. The respondent conceded entitlement to compensation, stating that Mr.

McFarland had no prior history of shoulder issues, his pain and reduced range of motion occurred within 48 hours of the vaccination, his symptoms were limited to the affected shoulder, and no other condition could explain his symptoms. Based on this concession and the evidence, the court issued a ruling on entitlement.

Subsequently, the respondent filed a proffer on award of compensation, proposing an award of $60,798.50. This amount included $60,000.00 for actual pain and suffering and $798.50 for past unreimbursed expenses.

Mr. McFarland agreed with this proposed award.

The court accepted the proffer and awarded Mr. McFarland the lump sum of $60,798.50, representing compensation for all damages available under the Vaccine Act.

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