Sally Stokes v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)

Sally Stokes filed a petition alleging that an influenza vaccination on September 11, 2018, caused her to develop a Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent conceded entitlement, agreeing that her condition met the criteria for a Table injury, including no prior history of shoulder issues, pain within 48 hours of vaccination, and limited range of motion to the injection site.

The case proceeded to determine damages, as the parties could not agree on compensation. Ms.

Stokes underwent significant treatment, including physical therapy, an MRI, and surgery for a rotator cuff tear and impingement syndrome. Although she passed away on August 13, 2020, from an unrelated cause (cancer), her husband, Samuel N.

Stokes, was substituted as the personal representative of her estate. The court awarded $125,000.00 for pain and suffering and $29.78 for unreimbursed expenses, totaling $125,029.78.

The court found that while her injury improved significantly after seven months, it persisted for approximately one year, with some residual pain and limitations, and that her SIRVA added to her suffering during her final years, particularly as it occurred between cancer treatments.