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

On May 3, 2018, Lovely Varughese filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 29, 2013. Ms.

Varughese stated that the vaccine was administered in the United States, that the residual effects of her injury lasted for more than six months, and that she had not received a prior award or settlement for her condition. The respondent, the Secretary of Health and Human Services, denied that Ms.

Varughese sustained a SIRVA Table injury or that the flu vaccine caused any other injury or her current condition. Despite these opposing positions, the parties filed a joint stipulation on May 5, 2020, agreeing to settle the case.

Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision.

Pursuant to the stipulation, Ms. Varughese was awarded a lump sum of $105,000.00, payable by check to her, as compensation for pain and suffering.

This amount was intended to cover all damages available under the Vaccine Act. The decision directed the clerk of the court to enter judgment accordingly, unless a motion for review was filed.

Petitioner was represented by Lawrence R. Cohan of Anapol Weiss, and respondent was represented by Sarah Christina Duncan of the U.S.

Department of Justice. The decision was issued on May 5, 2020.