Susan Leone v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2024)

Susan Leone 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 September 12, 2017. The respondent conceded that her injury was consistent with SIRVA caused by the vaccine and that it met the Table criteria, leading to a ruling on entitlement in her favor.

The parties were unable to agree on damages, proceeding to a hearing. Ms.

Leone sought compensation for pain and suffering and lost wages. The court found that her shoulder pain was moderate to severe, requiring multiple medical interventions including two surgeries, over 100 physical therapy sessions, four MRIs, and two steroid injections, with pain persisting for several years.

While her requested amount for pain and suffering was deemed slightly excessive, the court awarded her $207,000.00, considering it a fair and appropriate amount based on the severity and duration of her injury and comparing it to prior SIRVA cases. However, her claim for lost wages was denied due to insufficient substantiation and failure to provide information regarding potential workers' compensation coverage.

The final award was $207,000.00 for actual pain and suffering.