Julia Hayes v. HHS - Influenza, shoulder injury related to vaccine administration (2021)

Julia Hayes filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that her influenza vaccination on September 29, 2016, caused her to suffer a Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent conceded that Ms.

Hayes was entitled to compensation, finding her injury consistent with SIRVA as defined on the Vaccine Injury Table, with pain occurring within 48 hours of vaccination and limited to the shoulder. A ruling on entitlement was issued on February 2, 2018.

The parties were unable to resolve damages informally, leading to a briefing schedule and a hearing. Ms.

Hayes sought treatment approximately two weeks after her vaccination, undergoing physical therapy, a steroid injection, an MRI, and arthroscopic surgery. Despite significant treatment, including surgery, there were notable gaps in her medical care for the injury.

After considering prior awards and the specific circumstances of her case, including the severity and duration of suffering, the court awarded Ms. Hayes $121,470.00 in total compensation, comprising $120,000.00 for pain and suffering and $1,470.00 for past unreimbursed expenses.