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

Diane Lucash filed a petition for compensation under the National Vaccine Injury Compensation Program on February 21, 2024, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on December 1, 2022. The case was assigned to the Special Processing Unit.

The respondent, the Secretary of Health and Human Services, denied that petitioner sustained a SIRVA Table injury or that the flu vaccine caused her alleged injury. However, the parties reached a joint stipulation to settle the case.

Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable.

Pursuant to the stipulation, Chief Special Master Corcoran awarded Diane Lucash a lump sum payment of $35,000.00, to be paid via ACH deposit to her counsel's IOLTA account for prompt disbursement. This amount is intended to compensate for all damages available under the Vaccine Act.

The stipulation also addresses future proceedings for attorneys' fees and costs. The decision was issued on July 21, 2025.

Petitioner was represented by Elizabeth Hess of Shannon Law Group, and respondent was represented by Crystal Fialkowski of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the medical experts consulted by either party. The award represents a compromise of the parties' respective positions on liability and damages.