Cheri Sleeth v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

Cheri Sleeth filed a petition for compensation under the National Vaccine Injury Compensation Program on March 27, 2019, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine administered on October 6, 2016. The ruling on entitlement found that Ms.

Sleeth was entitled to compensation for a left SIRVA, determining that the onset of her shoulder pain occurred within 48 hours of vaccination, satisfying the criteria for a Table injury. The medical records indicated pain and decreased range of motion in her left shoulder following the flu shot, with subsequent diagnosis of a rotator cuff tear and bursitis.

She underwent arthroscopic surgery and physical therapy. Respondent initially opposed compensation, arguing that the onset was not within 48 hours, but later conceded entitlement.

A subsequent decision on March 3, 2022, awarded Ms. Sleeth $129,525.46 in damages, comprised of $127,500.00 for pain and suffering and $2,025.46 for unreimbursed expenses, based on a proffer agreed to by both parties.

Ms. Sleeth is a competent adult.