Richard P. Bures v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

Richard P. Bures 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 he received on October 9, 2018.

He alleged the vaccine was administered in the United States, that he suffered sequelae of his injury for more than six months, and that he had not received prior compensation or filed a civil action for vaccine-related injuries. Respondent filed a Rule 4(c) report conceding that Petitioner was entitled to compensation, agreeing that he had no pre-vaccination history of shoulder pain, that pain occurred within 48 hours after the vaccination, and that the pain and reduced range of motion were limited to the shoulder in which the vaccine was administered.

Respondent also agreed that Petitioner suffered residual effects for more than six months and satisfied all legal prerequisites for compensation. Based on the concession and the evidence, entitlement to compensation was granted.

Subsequently, a decision awarding damages was issued. Respondent filed a proffer on award of compensation, indicating Petitioner should be awarded $72,554.61, which included $72,500.00 for pain and suffering and $54.61 for past unreimbursable expenses.

Petitioner agreed with this award. The court awarded Petitioner a lump sum payment of $72,554.61.