Lou Ann Boersch v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2016)

Lou Ann Boersch filed a petition for compensation under the National Vaccine Injury Compensation Program on December 7, 2015, alleging she developed a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 24, 2010. She had previously filed a state court action for the same injuries, which was dismissed.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report conceding that the petitioner is entitled to compensation. The respondent stated that the evidence establishes the injury is consistent with SIRVA, not due to factors unrelated to the vaccination, and that the petitioner met all statutory and jurisdictional requirements, including suffering the condition for more than six months.

Based on the respondent's concession and the record, the Chief Special Master found Lou Ann Boersch entitled to compensation.