Luzelva Rojo v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)

Luzelva Rojo filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on October 28, 2013. The case was assigned to the Special Processing Unit.

Respondent conceded that petitioner's injury was consistent with SIRVA and was caused by the flu vaccine, satisfying all legal prerequisites for compensation. A ruling on entitlement was issued on October 4, 2016, finding petitioner entitled to compensation.

Subsequently, on December 11, 2018, the parties filed a joint stipulation on damages. The court found the stipulation reasonable and adopted it as the decision of the Court.

Pursuant to the stipulation, Luzelva Rojo was awarded a lump sum of $534,580.99, which included compensation for first-year life care expenses, lost earnings, pain and suffering, and past unreimbursable expenses. An additional amount was awarded for an annuity contract.

The award represents compensation for all items of damages available under the Vaccine Act.