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

Laurie Bloyer filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of her November 1, 2016 influenza vaccination. The respondent initially recommended against compensation, citing a prior shoulder dislocation.

However, after reviewing additional medical records, the respondent conceded that the prior dislocation occurred thirty years earlier and that petitioner's subsequent medical history was free of shoulder problems. In an Amended Rule 4(c) Report, the respondent conceded that petitioner's injury was consistent with SIRVA, as defined on the Vaccine Injury Table, noting that her pain occurred within 48 hours of vaccination, was limited to the injection shoulder, and no other condition explained the pain.

The Chief Special Master issued a ruling on entitlement finding petitioner entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation, agreeing to an award of $129,719.89, which included $125,000.00 for pain and suffering and $4,719.89 for past unreimbursed expenses.

Petitioner agreed with the proffered award. The court awarded Laurie Bloyer a lump sum payment of $129,719.89.