Sandra Boyd v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2021)

Sandra Boyd filed a petition for compensation under the National Vaccine Injury Compensation Program on July 30, 2019, alleging that she suffered a right shoulder injury related to vaccine administration (SIRVA) causally related to receiving an influenza vaccine on October 24, 2018. Boyd, who was nearly 62 years old at the time, presented with pain and limited range of motion in her right shoulder.

The respondent, the Secretary of Health and Human Services, initially disputed that the vaccine was administered in Petitioner's right arm and that her shoulder pain began within 48 hours of vaccination. After reviewing the evidence, including medical records and affidavits, Chief Special Master Brian H.

Corcoran found that the evidence preponderated in favor of Petitioner establishing that the vaccine was administered in her right arm and that her shoulder pain began within 48 hours of vaccination, meeting the Table criteria for SIRVA. The decision noted that the vaccination administration record contained a superimposed "R" and "L" in the "site of injection" field, and a preprinted sticker stated "left arm." However, the Special Master gave more weight to Petitioner's consistent reporting of right shoulder pain and limitations in subsequent medical records, and the fact that she is left-hand dominant, making it more likely the vaccine was administered in her non-dominant right arm.

Regarding onset, the Special Master found that despite the absence of shoulder complaints in the first two primary care encounters, Petitioner's subsequent reports and medical records established that her shoulder pain began within 48 hours of vaccination. The Special Master awarded Boyd $80,000.00 for past pain and suffering and $1,064.82 for unreimbursed medical expenses, for a total award of $81,064.82.

Petitioner was represented by David John Carney of Green & Schafle LLC, and Respondent was represented by Adriana Ruth Teitel of the U.S. Department of Justice.