Consuelo Lory v. HHS - Influenza, right shoulder injury (2016)

Consuelo Lory filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a right shoulder injury as a result of an influenza vaccine she received on October 28, 2014. The case was assigned to the Special Processing Unit.

Respondent filed a Rule 4(c) report conceding that petitioner was entitled to compensation, agreeing that her Shoulder Injury Related to Vaccine Administration (SIRVA) was caused-in-fact by the flu vaccine and that she met all legal prerequisites. A ruling on entitlement was issued on June 7, 2016, finding her entitled to compensation.

Subsequently, on July 18, 2016, respondent filed a proffer on award of compensation, indicating that petitioner should be awarded $95,000.00, an amount to which petitioner agreed. This amount represents compensation for all damages available under the Act.

The Chief Special Master issued a decision awarding petitioner a lump sum payment of $95,000.00. The case was resolved by stipulation and award.