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

Rachel Luginsky 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 December 8, 2020. She claimed the injury caused residual effects for more than six months.

The respondent conceded that her injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting she had no prior shoulder issues, the pain occurred within 48 hours of the vaccination, was localized to the injection site, and no other condition explained the pain. The respondent also agreed that her condition persisted for over six months.

Based on the respondent's concession and the evidence, the court found Rachel Luginsky entitled to compensation. Subsequently, a decision awarding damages was issued.

The respondent proffered an award of $52,980.00, which included $52,500.00 for pain and suffering and $480.00 for past unreimbursable expenses. Rachel Luginsky agreed with this proffered award.

The court awarded her the lump sum of $52,980.00, representing compensation for all damages available under the Act.