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

Mary Ludwig filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following her October 14, 2015 influenza vaccination. She claimed the injury occurred within the time period set forth on the Vaccine Injury Table, or alternatively, that the flu vaccination caused or significantly aggravated her shoulder injury.

Petitioner also alleged she experienced residual effects of her injury for more than six months and that there had been no prior award or settlement for her condition. Respondent denied that petitioner sustained a Table SIRVA and denied that she suffered any other injury caused or aggravated by the vaccination.

Despite the contested allegations, the parties filed a joint stipulation on March 11, 2019, agreeing that compensation should be awarded. The Chief Special Master found the stipulation reasonable and adopted it as the decision of the Court.

Mary Ludwig was awarded a lump sum of $65,000.00, representing compensation for all items of damages available under the Vaccine Act.