Lacey Cupp v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2022)

Lacey Cupp filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 15, 2018. The respondent conceded that Petitioner is entitled to compensation, agreeing that she suffered a SIRVA of the left shoulder as defined by the Vaccine Injury Table and met the statutory requirements for the condition lasting more than six months.

Based on the respondent's concession and the evidence of record, the Chief Special Master issued a ruling on entitlement finding Petitioner entitled to compensation. Subsequently, the respondent filed a proffer on award of compensation, indicating that Petitioner should be awarded $145,847.93, comprised of $140,000.00 for pain and suffering and $5,847.93 for past unreimbursable expenses.

Petitioner agreed with the proffered award. The Chief Special Master issued a decision awarding damages in the amount of $145,847.93 as a lump sum payment to Petitioner, representing compensation for all damages available under the Act.