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

Demetrius Pugh filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination he received on October 8, 2021. He further alleged that the injury caused residual effects lasting more than six months.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Pugh's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that he had satisfied all legal prerequisites for compensation.

Based on the respondent's concession and the evidence, the court issued a Ruling on Entitlement finding Mr. Pugh entitled to compensation.

Subsequently, the respondent filed a Proffer on award of compensation, recommending an award of $80,000.00 for pain and suffering, which Mr. Pugh agreed to.

The court accepted the proffer and awarded Mr. Pugh a lump sum payment of $80,000.00 for pain and suffering, representing compensation for all damages available under the Act.