Laurel Ostiguy v. HHS - Influenza, right shoulder injuries related to vaccine administration (SIRVA) (2019)

Laurel Ostiguy filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a right shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on September 16, 2016. The case was assigned to the Special Processing Unit.

The respondent filed a Rule 4(c) report conceding that petitioner's injury was consistent with SIRVA and met the requirements of a Table injury claim. Respondent also stated that no other causes for the injury were identified and that the sequelae lasted for more than six months, concluding that petitioner met the statutory requirements for entitlement.

Based on the respondent's concession and the evidence, the court issued a ruling on entitlement. Subsequently, the respondent filed a proffer on award of compensation, recommending an award of $120,605.00, which included $120,000.00 for pain and suffering and $605.00 for past unreimbursed expenses.

Petitioner agreed with the proffered award. The court issued a decision awarding petitioner the lump sum of $120,605.00.