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

Lynn Duclos filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on November 10, 2020. She further alleged that her injury resulted in residual effects lasting more than six months.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that she had satisfied all legal requirements for compensation. Following this concession, a ruling on entitlement was issued on August 23, 2023, finding Ms.

Duclos entitled to compensation. Subsequently, on October 20, 2023, the respondent filed a proffer on the award of compensation, which Ms.

Duclos agreed to. The court awarded a lump sum payment of $86,578.34, comprising $85,000.00 for pain and suffering and $1,578.34 for past unreimbursable expenses.

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