Erin Cody v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2023)

Erin Cody, an adult, received an influenza vaccination on December 31, 2016. Within hours, she developed pain and limited range of motion in her right shoulder, diagnosed as Shoulder Injury Related to Vaccine Administration (SIRVA).

The case proceeded as a Table claim, as SIRVA is listed on the Vaccine Injury Table for influenza vaccines if onset occurs within 48 hours. The primary dispute was the timing of symptom onset.

While her initial primary care visit three days post-vaccination did not explicitly mention shoulder pain, subsequent medical records, including a physical therapy evaluation, clearly indicated onset immediately after the vaccination on December 31, 2016. Numerous witness declarations corroborated her complaints of shoulder pain in early January 2017, consistent with the vaccination.

The court found by a preponderance of the evidence that her shoulder pain began within 48 hours of vaccination, satisfying the Table criteria. Following the ruling on entitlement, the parties stipulated to an award.

Erin Cody was compensated $135,000.00 for pain and suffering and $3,293.11 for past unreimbursable expenses, totaling $138,293.11.