Francine Russo v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

Francine Russo filed a petition for compensation under the National Vaccine Injury Compensation Program on October 28, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 30, 2018. She further alleged her injury persisted for more than six months.

Respondent conceded entitlement, stating she had no recent history of shoulder pain, the onset occurred within 48 hours post-vaccination, the pain was limited to the shoulder, and no other condition explained the symptoms. The Chief Special Master found Petitioner entitled to compensation.

The parties could not agree on damages, leading to a hearing. Petitioner sought $100,000 for pain and suffering, citing severe pain, sleep disturbances, and limitations in daily activities and fitness classes.

Respondent argued for $50,500, characterizing the injury as mild and limited, noting a conservative treatment course and a four-month gap in care. The court awarded $63,000 for actual pain and suffering, finding the injury course similar to a prior SIRVA case but awarding slightly more due to continued limitations beyond treatment cessation.

The award covers all damages available under Section 15(a) of the Vaccine Act.