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

Mairi Luce filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) following receipt of an influenza vaccine on January 7, 2019. The respondent conceded that Petitioner is entitled to compensation, agreeing that she satisfied the criteria for SIRVA as a Table injury.

The respondent also confirmed that Petitioner timely filed her case, received the vaccine in the United States, and met the statutory severity requirement by suffering residual effects for more than six months. A ruling on entitlement was issued on May 3, 2023, finding Petitioner entitled to compensation.

Subsequently, on September 18, 2023, the respondent filed a proffer on award of compensation, which Petitioner agreed to. The court awarded Mairi Luce a lump sum payment of $206,281.04, which included $180,000.00 for pain and suffering, $21,281.04 for past unreimbursable expenses, and $5,000.00 for past lost wages.

This award represents compensation for all damages available under the program.