Lucinda Kelley v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)

Lucinda Kelley filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that her receipt of an influenza vaccine on November 7, 2016, caused her to suffer a left-sided shoulder injury related to vaccine administration (SIRVA). The respondent conceded that her claim met the Table criteria for SIRVA and that the injury persisted for more than six months, leading to a ruling on entitlement.

The case then proceeded to the damages phase. Ms.

Kelley sought $134,289.05, comprising $130,000.00 for pain and suffering and $4,289.05 for past unreimbursable medical expenses. She described immediate pain after the vaccine that worsened significantly over a few days, requiring treatment from an orthopedic specialist.

Her medical history included tendonitis, a rotator cuff tear, bursitis, and AC arthritis, leading to arthroscopic surgery and extensive physical therapy over 13 months. Respondent agreed to the medical expenses but argued for $85,000.00 for pain and suffering, contending the injury resolved within a year.

The court awarded Ms. Kelley a total of $124,289.05, consisting of $120,000.00 for pain and suffering and $4,289.05 for unreimbursable medical expenses, finding her case similar to others involving surgical repair and significant findings on MRI.