Carolyn Orrell v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2020)

Carolyn Orrell filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of a November 7, 2014 influenza vaccination. The court found that the onset of her injury occurred within 48 hours of the vaccination, and that her pain and reduced range of motion were limited to the left shoulder where the vaccine was administered.

The decision noted that prior to the vaccination, there was no record of pain, inflammation, or dysfunction in her left shoulder. The respondent argued that evidence regarding onset was outstanding and that petitioner's pain might not have been limited to her left shoulder due to a subsequent fall that injured her right shoulder.

However, the court found that the fall occurred after the onset of left shoulder pain and did not impact it. The court also denied the respondent's motion for additional record development, finding that the requested discovery was neither necessary nor reasonable.

Ultimately, the court granted the petitioner's motion and found that she is entitled to compensation for a SIRVA, a condition listed on the Vaccine Injury Table. The case was therefore entitled but pending a damages decision.