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

Lori Capozzoli 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 September 25, 2021. She claimed the injury persisted for longer than six months.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Capozzoli is entitled to compensation.

The respondent agreed 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 limited to the injection shoulder, and no other condition explained the pain. The respondent also agreed that the residual effects of her condition lasted more than six months.

Based on the respondent's concession and the evidence, the Chief Special Master found Lori Capozzoli entitled to compensation. The case is proceeding to determine the award amount.