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

Lori Brust filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 6, 2020. She further alleged that she experienced residual effects from the injury for more than six months.

The respondent filed a Rule 4(c) report conceding that her injury was consistent with SIRVA as defined by the Vaccine Injury Table. The respondent noted that Ms.

Brust had no prior history of shoulder issues, her pain occurred within 48 hours of the vaccination, was limited to the injection site, and no other condition explained the pain. The respondent agreed that Ms.

Brust met all legal prerequisites for compensation. A ruling on entitlement was issued on June 5, 2024, finding her entitled to compensation.

Subsequently, on June 17, 2024, the respondent filed a proffer on award of compensation, recommending an award of $66,469.04, which included $65,000.00 for pain and suffering and $1,469.04 for past unreimbursable expenses. Ms.

Brust agreed with this proffered award. The Chief Special Master issued a decision awarding Ms.

Brust the total sum of $66,469.04 as a lump sum payment.