Lory Mahan v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)

Lory Mahan 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 an influenza vaccine administered on September 7, 2016. The petition stated that the vaccine was administered in the United States, that she suffered residual effects for more than six months, and that there had been no prior award or settlement.

The case was assigned to the Special Processing Unit. On December 17, 2021, the Chief Special Master issued Findings of Fact indicating that the vaccination was administered in the right deltoid on September 7, 2016, and that the onset of pain occurred within 48 hours of vaccination.

Respondent filed a Supplemental Rule 4(c) Report conceding that Petitioner had satisfied the criteria for SIRVA under the Vaccine Injury Table, including no recent history of pain in the right shoulder, onset of pain within 48 hours, pain limited to the injection shoulder, and no other identified condition explaining the pain. Based on Respondent's concession and the evidence, the Chief Special Master found Petitioner entitled to compensation.

A ruling on entitlement was issued on January 21, 2022. On May 11, 2022, Respondent filed a proffer on award of compensation, recommending an award of $60,000.00 for pain and suffering, which Petitioner agreed to.

The Chief Special Master issued a Decision Awarding Damages on June 22, 2022, awarding Petitioner a lump sum payment of $60,000.00 for pain and suffering.