Travis Lutz v. HHS - Influenza, Shoulder injury related to vaccine administration (SIRVA) (2022)

Travis Lutz filed a petition for compensation under the National Vaccine Injury Compensation Program on November 9, 2020, alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 3, 2018. The case was assigned to the Special Processing Unit.

On October 11, 2022, the Chief Special Master issued a ruling on entitlement, finding that Mr. Lutz was entitled to compensation for his SIRVA.

The ruling noted that the respondent contested only whether the onset of pain occurred within 48 hours of vaccination, but the Special Master found sufficient evidence in the medical records, which were contemporaneous to the injury, to establish that the pain began within six hours of the injection. The decision confirmed that all other requirements for a Table SIRVA injury were met, and that Mr.

Lutz satisfied the additional requirements for entitlement, such as the duration of his injury and the lack of other awards or settlements. Subsequently, on November 17, 2022, a damages decision was issued.

The respondent had filed a proffer on award of compensation, recommending an award of $89,235.85, comprising $85,000.00 for pain and suffering and $4,235.85 for out-of-pocket expenses. Mr.

Lutz agreed with this proffered award. The Chief Special Master awarded Mr.

Lutz the lump sum of $89,235.85, representing compensation for all damages available under the Vaccine Act.