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

Tina Lekas filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a Table shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on December 4, 2019. She further alleged that her injury persisted for more than six months.

The respondent did not contest entitlement, stating that the evidence showed the onset of her right shoulder pain most likely occurred within 48 hours of vaccination, consistent with the Table requirements for a SIRVA claim. The respondent confirmed that she had no prior shoulder issues, the pain was limited to the shoulder of vaccination, and no other condition explained the pain.

Additionally, her injury persisted for more than six months. Based on the respondent's concession and the evidence, the court found Tina Lekas entitled to compensation.

Subsequently, a decision awarding damages was issued. The respondent filed a proffer indicating that Tina Lekas should be awarded $90,213.12, comprised of $90,000.00 for pain and suffering and $213.12 for past unreimbursable expenses.

Tina Lekas agreed with this proffered award. The court awarded her the lump sum payment of $90,213.12.