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

Tory Boyer filed a petition for compensation under the National Vaccine Injury Compensation Program on November 29, 2022. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination received on October 13, 2021.

Boyer further alleged that her symptoms lasted longer than six months. The respondent filed a Rule 4(c) report on December 22, 2023, conceding that Boyer was entitled to compensation.

The respondent stated that Boyer's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting that she had no prior history of shoulder pain, that her pain occurred within 48 hours post-vaccination, was limited to the vaccinated shoulder, and that no other condition explained the pain. The respondent also agreed that Boyer had satisfied all legal prerequisites for compensation.

On January 2, 2024, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Boyer entitled to compensation.

Subsequently, on February 13, 2024, the respondent filed a proffer on the award of compensation, indicating that Boyer should be awarded $55,000.00 in pain and suffering, an amount with which Boyer agreed. On February 14, 2024, Chief Special Master Corcoran issued a decision awarding Boyer a lump sum payment of $55,000.00 for pain and suffering.

The petition was filed on November 29, 2022. Petitioner was represented by Daniel Alholm of Alholm Law, P.C., and respondent was represented by Sarah Black Rifkin of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, or treatments.

The specific mechanism of injury is not detailed in the public text.