Paula D. Tyson v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)

Paula D. Tyson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) caused by an influenza vaccine she received in her right shoulder on February 8, 2017.

The respondent initially contested whether the onset of her injury occurred within 48 hours of vaccination. However, after a findings of fact ruling established that the onset was within the required timeframe, the respondent conceded that Ms.

Tyson had otherwise satisfied the criteria for SIRVA as defined by the Vaccine Injury Table. The respondent found that she had no prior shoulder issues, the pain and limited motion began within 48 hours of the vaccination, the pain was localized to the shoulder that received the vaccine, and no other condition explained the symptoms.

The injury also lasted more than six months. Based on the respondent's concession and the evidence of record, the Chief Special Master found Ms.

Tyson entitled to compensation. Subsequently, the parties reached a stipulation for damages.

On August 25, 2020, the court awarded Ms. Tyson a lump sum of $81,211.46, representing compensation for all damages available under the Vaccine Act.