Louis Fucito v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2023)

Louis Fucito filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that he suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving the influenza vaccine on October 8, 2020. He stated that he received the vaccine within the United States, suffered residual effects for more than six months, and had not filed a civil action or received other compensation for his injury.

Respondent filed a Rule 4(c) report conceding that Petitioner's claim met the Table criteria for SIRVA and was entitled to compensation. A ruling on entitlement was issued on April 17, 2023, finding Petitioner entitled to compensation.

On April 26, 2023, Respondent filed a proffer on award of compensation, recommending an award of $63,480.00, representing $62,500.00 for pain and suffering and $980.00 for past unreimbursable expenses. Petitioner agreed with the proffered award.

On May 31, 2023, the Chief Special Master issued a decision awarding Petitioner a lump sum payment of $63,480.00.