Darcy Cyr v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Darcy Cyr filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 30, 2018. The respondent conceded that Petitioner's injury was consistent with SIRVA and that she had suffered residual effects for more than six months, leading to a ruling on entitlement in her favor.

The parties were unable to agree on all damages components, necessitating a hearing. Petitioner sought compensation for pain and suffering, future pain and suffering, unreimbursable expenses, and lost wages.

The respondent proposed an award for pain and suffering and unreimbursable expenses, but not for future pain and suffering or lost wages. The court awarded Darcy Cyr $75,000.00 for actual pain and suffering and $2,889.26 for past unreimbursable expenses, totaling $77,889.26.

The claim for lost wages was denied as it would have resulted in a double payment. The court found that while Petitioner experienced a moderate SIRVA injury with significant initial pain and ongoing discomfort, the injury did not warrant compensation for future pain and suffering as she had not shown a permanent disability or other extenuating circumstances, and her most recent treatment was over three years prior to the decision.