Kimberly Hartman v. HHS - Influenza, shoulder injury related to vaccination (SIRVA) (2022)

Kimberly Hartman, a 50-year-old social worker and Army Reserve member, received an influenza vaccine on October 29, 2018. Within 48 hours, she developed significant pain and weakness in her right shoulder, diagnosed as Shoulder Injury Related to Vaccine Administration (SIRVA).

She sought medical attention within a month, receiving prescriptions for pain medication and undergoing physical therapy. Specialists noted reduced range of motion and pain consistent with adhesive capsulitis.

Although her condition improved with conservative treatment, including physical therapy, she experienced lingering pain and occasional flare-ups. The medical records documented her history of pain since the vaccination and her seeking treatment.

Respondent initially contested entitlement, arguing that the medical records did not explicitly state the pain began within 48 hours and did not directly attribute the injury to the vaccine. However, the court found that the medical records, combined with Ms.

Hartman's affidavit, established onset within the Table timeframe. The case proceeded to damages, where Ms.

Hartman sought $85,000 for pain and suffering, citing impacts on her career and personal life. Respondent proposed $60,000, arguing the injury was comparatively minor and treatment conservative.

After reviewing the evidence, including prior SIRVA awards, the court awarded Ms. Hartman $75,000 for actual pain and suffering, finding her injury to be moderate for approximately five months, with less significant subsequent effects.