Youhong Lu v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)

Youhong Lu filed a petition for vaccine compensation alleging that he suffered Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of his influenza vaccination on November 2, 2016. The petition stated that the vaccine was administered in the United States, that the injury's residual effects lasted more than six months, and that there had been no prior award or settlement for this injury.

Respondent denied that petitioner sustained a SIRVA Table injury, denied that the flu vaccine caused the alleged SIRVA or any other injury, and denied that petitioner's current disabilities were sequelae of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation.

The Chief Special Master found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Youhong Lu was awarded a lump sum of $58,726.04, representing compensation for all items of damages available under the Vaccine Act.

The parties also agreed to submit to further proceedings for the award of attorneys' fees and costs.