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

Jerry Lucks filed a petition for compensation under the National Vaccine Injury Compensation Program on January 12, 2021, alleging injury from an influenza vaccine he received on October 7, 2019. He claimed to have sustained a shoulder injury related to vaccine administration (SIRVA) within the timeframe specified by the Vaccine Injury Table and experienced residual effects for over six months.

The respondent, the Secretary of Health and Human Services, denied that Mr. Lucks sustained a SIRVA Table injury or that the vaccine caused his alleged shoulder injury.

Despite these denials, the parties filed a joint stipulation on October 19, 2023, agreeing to settle the case. Chief Special Master Corcoran found the stipulation reasonable and adopted it as his decision.

Mr. Lucks was awarded a lump sum of $20,000.00 as compensation for all damages available under Section 15(a) of the Vaccine Act.

The parties also agreed to submit to further proceedings for reasonable attorneys' fees and costs. The stipulation included a release of all claims against the United States and the Secretary related to the alleged injury from the flu vaccination.