Lorin T. Pruett v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2019)

Lorin T. Pruett, a 57-year-old male, filed a petition for compensation under the National Vaccine Injury Compensation Program on April 24, 2017, alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on October 20, 2015.

Respondent conceded that the injury was consistent with SIRVA, met the requirements of a Table injury, and that no other causes were identified. On November 3, 2017, the court issued a ruling finding petitioner entitled to compensation.

Subsequently, the parties litigated the damages. Petitioner sought $173,355.83, including $40,000 for past pain and suffering and future damages.

Respondent argued for $60,000 for past pain and suffering, asserting the injury was mild and petitioner had essentially recovered. The court reviewed the medical records, affidavits, and prior SIRVA awards.

The court found that petitioner experienced severe shoulder pain for approximately two and a half months, with pain levels reaching 9/10 intensity, and continued to experience manageable pain and some limitations for about eight months total. His MRI findings indicated mild tendinopathy and AC joint hypertrophy.

The court determined that petitioner's injury was less severe and of shorter duration than those typically warranting higher awards, and that there was insufficient evidence for future pain and suffering. The court awarded $75,000.00 for past pain and suffering and $944.63 for past unreimbursable expenses, for a total lump sum payment of $75,944.63.