Lyudmila Dutil v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2021)

Lyudmila Dutil filed a petition for compensation under the National Vaccine Injury Compensation Program on June 5, 2019, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination administered on January 25, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on September 30, 2020, conceding that Petitioner is entitled to compensation.

The respondent agreed that Petitioner's claim met the Table criteria for SIRVA and that entitlement to compensation was appropriate under the Vaccine Act. Chief Special Master Brian H.

Corcoran issued a Ruling on Entitlement on September 30, 2020, finding Petitioner entitled to compensation. Subsequently, on March 22, 2021, the respondent filed a proffer on award of compensation.

The parties agreed to a total award of $73,798.66. This amount included $70,000.00 for pain and suffering and $3,798.66 for past unreimbursable expenses.

Chief Special Master Corcoran issued a Decision Awarding Damages on April 21, 2021, awarding Petitioner a lump sum payment of $73,798.66, payable to Lyudmila Dutil, who is a competent adult. Petitioner was represented by William E.

Cochran, Jr. of Black McLaren Jones Ryland & Griffee, P.C., and respondent was represented by Claudia Barnes Gangi of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism of injury beyond it being a SIRVA.