Rachelle Meyers v. HHS - Influenza, left shoulder injury related to vaccine administration ("SIRVA") (2020)

Rachelle Meyers filed a petition alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 27, 2016. The respondent initially determined that the injury was not consistent with SIRVA because the pain radiated down to her elbow, which is not limited to the shoulder as required by the Qualifications and Aids to Interpretation.

However, the respondent conceded that Petitioner's bursitis was caused-in-fact by the flu vaccine and that she was entitled to compensation. The court issued a ruling on entitlement on February 19, 2020.

Subsequently, the parties briefed damages, with Petitioner requesting $140,000.00 and Respondent proposing $72,500.00. After an expedited hearing, the court awarded Petitioner $122,500.00 for past pain and suffering.

The award was based on the severity and duration of her injury, which included months of treatment, steroid injections, arthroscopic surgery, and physical therapy, lasting approximately eight months from initial treatment to discharge.