Nicole Lung v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2023)

Nicole Lung filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) resulting from an influenza vaccination she received on December 6, 2019. The petition stated that the vaccination was administered in the United States, her symptoms lasted for more than six months, and no prior action or compensation had been received for these injuries.

Respondent conceded that Petitioner was entitled to compensation, agreeing that her claim met the Table criteria for SIRVA. Specifically, Respondent determined that Petitioner had no prior shoulder issues, experienced pain within 48 hours of the vaccination, and that the pain and reduced range of motion were limited to the injection site.

The case was timely filed, the vaccine was received in the United States, and Petitioner met the statutory severity requirement. Based on the concession and the evidence, entitlement was granted.

Subsequently, a damages decision was issued. Respondent proffered an award of $97,500.00 for pain and suffering, which Petitioner agreed to.

The court awarded Nicole Lung a lump sum payment of $97,500.00 for pain and suffering.