Kathleen Bartholomew v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2020)

Kathleen Bartholomew filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination administered on October 3, 2016. Respondent conceded that Ms.

Bartholomew was entitled to compensation, agreeing that her injury was consistent with SIRVA as defined on the Vaccine Injury Table and that she had no prior history of shoulder issues. A ruling on entitlement was entered, finding her eligible for compensation.

Following an impasse on damages, the court held a hearing. Petitioner sought $82,500.00 for pain and suffering, detailing her treatment including a cortisone injection, MRI, and 43 physical therapy sessions, noting her pain interfered with daily activities for eight months.

Respondent proposed an award of no more than $60,000.00, arguing her injury was not severe and required conservative treatment. The court awarded Kathleen Bartholomew $67,000.00 for actual pain and suffering.