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

Lauretta Allner, an adult, received an influenza vaccine on October 13, 2017. She subsequently developed shoulder pain and limited range of motion, diagnosed as Shoulder Injury Related to Vaccine Administration (SIRVA).

While the respondent initially contested entitlement, arguing the onset of pain was not within the 48-hour window required for a Table injury, the court found that the evidence preponderantly supported an onset within that timeframe. The court also found that her injury persisted for more than six months, satisfying the severity requirement.

The case proceeded to damages, where Allner sought $75,000 for pain and suffering, citing her treatment course including injections and physical therapy. The respondent proposed $55,000, arguing treatment gaps indicated less severe pain.

The court awarded Allner $60,000 for pain and suffering and $213.38 for unreimbursed expenses, totaling $60,213.38. The court considered the treatment delay and gaps, as well as the presence of osteoarthritis and mild MRI findings, in determining the award amount, finding it comparable to other non-surgical SIRVA cases.