Roberta Livolsi v. HHS - Influenza, shoulder injury related to vaccine administration (2015)

Roberta Livolsi filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 3, 2012. The case was assigned to the Special Processing Unit.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report conceding that Ms. Livolsi was entitled to compensation.

The respondent specifically agreed that the injury to petitioner’s left shoulder was caused by the flu vaccine and was not due to unrelated factors, and that the injury had persisted for more than six months. Based on the respondent's concession and the evidence, the Chief Special Master issued a Ruling on Entitlement, finding Ms.

Livolsi entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation, recommending an award of $75,000.00.

Ms. Livolsi agreed with this proffered amount.

The Chief Special Master issued a Decision Awarding Damages, awarding Ms. Livolsi a lump sum payment of $75,000.00, representing compensation for all damages available under the Vaccine Act.

This amount was to compensate for her SIRVA.