Daniel Wolin v. HHS - Influenza, right axillary neuropathy (2023)

On December 17, 2021, Daniel Wolin filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging injury from an influenza vaccine he received on November 11, 2020. Mr.

Wolin initially claimed a right shoulder injury related to vaccine administration, known as SIRVA, which is a Table injury. Alternatively, he alleged a causation-in-fact shoulder injury.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on August 18, 2023, conceding that Mr. Wolin was entitled to compensation for a right axillary neuropathy, but not for the claimed SIRVA injury.

The respondent concluded that the evidence established that the flu vaccine caused-in-fact Mr. Wolin's right axillary nerve injury.

Following this concession, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on August 30, 2023, finding Mr.

Wolin entitled to compensation for his right axillary neuropathy as a causation-in-fact injury. Subsequently, on August 31, 2023, a Decision Awarding Damages was issued.

The parties had stipulated to an award of $82,000.00 for pain and suffering, representing all damages available under the Act. The award was to be paid as a lump sum check to Mr.

Wolin, who is a competent adult. Petitioner was represented by Rhonda Lorenz-Pignato of Shannon Law Group, P.C., and respondent was represented by Alexa Roggenkamp of the U.S.

Department of Justice. The public decision does not describe the onset of symptoms, specific medical tests, or treatments.