Tracey Lavin v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)

Tracey Lavin filed a petition on December 13, 2023, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on September 27, 2022. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on December 9, 2024, conceding that the petitioner is entitled to compensation.

The respondent stated that the petitioner's alleged injury is consistent with right-sided SIRVA as defined by the Vaccine Injury Table. Specifically, the respondent noted that the petitioner had no prior history of pain, inflammation, or dysfunction of her right shoulder before vaccination, that pain occurred within forty-eight hours after receiving the intramuscular vaccination, that the pain and reduced range of motion were limited to the shoulder where the vaccine was administered, and that no other condition or abnormality was identified to explain the petitioner's shoulder pain.

The respondent also indicated that, based on the medical records, the petitioner suffered residual effects of her condition for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H.

Corcoran found that the petitioner is entitled to compensation. The damages are to be determined at a later date.

Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and Respondent was represented by Michael Bliley of the U.S. Department of Justice.