Margaret Delorenzo v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2020)

Margaret DeLorenzo 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 vaccination on September 19, 2016. The court issued a fact ruling finding that she received the vaccination in her left arm.

The respondent recognized this factual finding as the law of the case and advised that they would not defend the case on other grounds, concluding that the petitioner suffered a SIRVA as defined by the Vaccine Injury Table. Based on the respondent's position and the evidence, the court found the petitioner entitled to compensation.

Subsequently, the respondent filed a proffer on award of compensation, indicating that the petitioner should be awarded $79,704.78, comprised of $75,000.00 for pain and suffering and $4,704.78 for past unreimbursed medical expenses. The petitioner agreed with this proffered award.

The court awarded the lump sum payment of $79,704.78.