Amy Norton v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)

Amy Norton filed a petition for compensation under the National Vaccine Injury Compensation Program on September 18, 2019, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on December 11, 2017. She met the Table definition for SIRVA and alleged she received the vaccination in the United States, suffered residual effects for more than six months, and had not filed other civil actions or received other awards for her injury.

Respondent conceded that Petitioner was entitled to compensation, finding she met the criteria for a presumed SIRVA. A Ruling on Entitlement was issued on February 26, 2021.

The parties could not agree on the amount of damages, leading to a Decision Awarding Damages on October 14, 2021. The court awarded Amy Norton $55,620.00, consisting of $55,000.00 for past pain and suffering and $620.00 for past unreimbursed medical expenses.

The court found that Ms. Norton experienced a mild SIRVA injury for approximately three months, with significant relief thereafter and near-complete resolution by seven months post-vaccination, with a later recurrence of symptoms attributed to aggravation of a pre-existing condition rather than the original SIRVA.