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

Victoria Edens filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a right shoulder injury related to vaccine administration (SIRVA) caused by the influenza vaccine she received on November 1, 2018. Respondent conceded that her injury was consistent with a SIRVA injury as defined on the Vaccine Injury Table and that she satisfied all legal prerequisites for compensation.

The court issued a Ruling on Entitlement based on this concession. Subsequently, the parties could not agree on damages, leading to a damages decision.

Petitioner requested $100,000.00 for pain and suffering, citing her injury's duration and impact on her job as a school bus driver. Respondent argued for $67,500.00, characterizing her SIRVA as mild and noting her pain relief from cortisone injections and lack of formal physical therapy.

After reviewing the medical records, the court found that Petitioner's pain levels were not as severe as alleged and that she experienced significant relief from cortisone injections, distinguishing her case from others with more severe or prolonged symptoms. The court awarded $70,000.00 for past pain and suffering and $442.92 for unreimbursed out-of-pocket expenses, totaling $70,442.92.