Judy Welch v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)

Judy Welch filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on August 31, 2016. The Chief Special Master issued a Ruling on Entitlement on November 18, 2020, finding that the flu vaccine was administered in Petitioner's right deltoid, her pain and reduced range of motion were limited to that shoulder, and the onset of SIRVA-related pain occurred within 48 hours of vaccination.

Respondent filed an Amended Rule 4(c) Report on February 26, 2021, indicating that he did not dispute that Petitioner had satisfied all legal prerequisites for compensation under the Act, as the injury was a Table injury and the residual effects lasted more than six months. Consequently, entitlement to compensation was granted.

A subsequent Decision Awarding Damages was issued on October 6, 2021. The parties disputed the amount of damages for pain and suffering, with Petitioner requesting $75,000.00 and Respondent proposing no more than $25,000.00.

The court considered the severity and duration of Petitioner's injury, noting a delay in seeking treatment and a relatively mild course of conservative treatment. The court awarded $55,000.00 for actual pain and suffering and $459.00 for past unreimbursable expenses, for a total award of $55,459.00.