Dorris Lund v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

On November 20, 2020, Dorris Lund filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine administered on October 24, 2018, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). The case was assigned to the Special Processing Unit.

Respondent initially opposed compensation, arguing that Ms. Lund did not meet the six-month severity requirement.

Ms. Lund filed a motion for a ruling on the record, asserting that she met the Table Claim requirements for SIRVA and the severity requirement.

Respondent opposed this motion. The public decision does not describe the specific onset of symptoms, diagnostic tests, or treatments beyond physical therapy and a manipulation with injection.

Petitioner's counsel was Leigh Finfer of Muller Brazil, LLP, and respondent's counsel was Emily Manoso of the U.S. Department of Justice.

Chief Special Master Brian H. Corcoran presided over the case.

In a ruling on entitlement dated April 25, 2023, Chief Special Master Corcoran found that Ms. Lund met the Table Claim requirements for SIRVA, including no prior history of shoulder issues, pain onset within 48 hours of vaccination, pain limited to the right shoulder, and no other condition explaining the symptoms.

The ruling also found that Ms. Lund met the severity requirement, demonstrating residual effects for more than six months, despite some gaps in treatment and mildness of the injury.

On May 17, 2023, the parties filed a proffer on the award of compensation, agreeing to a stipulated amount. On May 17, 2023, Chief Special Master Corcoran issued a decision awarding Ms.

Lund a lump sum payment of $94,500.00 for all elements of compensation.