Frank Lopes v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)

Frank Lopes filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on March 1, 2021. He stated that the injury was a defined Table injury and that he received the vaccine in the United States, suffered residual effects for more than six months, and had not filed a civil action or received other compensation for the injury.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report conceding that Mr. Lopes was entitled to compensation, finding his alleged injury consistent with SIRVA as defined by the Vaccine Injury Table and that he satisfied all legal prerequisites for compensation.

Subsequently, a ruling on entitlement was issued finding Mr. Lopes entitled to compensation.

The parties then agreed to a proffer on the award of compensation. The respondent recommended an award of $57,517.62, comprising $57,500.00 for pain and suffering and $17.62 for past unreimbursable expenses.

Mr. Lopes agreed with this proffered award.

The Chief Special Master issued a decision awarding Mr. Lopes the lump sum of $57,517.62, representing compensation for pain and suffering and actual unreimbursable expenses.