Brandy Sawyer v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2023)

Brandy Sawyer filed a petition for compensation under the National Vaccine Injury Compensation Program alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 3, 2017. The parties disputed whether her injury met the statutory six-month severity requirement.

The medical records showed that after the flu shot, Sawyer experienced right arm pain starting on October 20, 2017, which was diagnosed as tendonitis. She received treatment including oral prednisone, a steroid injection, and chiropractic care.

While she reported improvement by February 9, 2018, her pain returned around June 1, 2018, which she attributed to vigorous cleaning and described as similar to her previous pain. The court found that the return of pain, even after a period of relief from a steroid injection, met the six-month severity requirement, analogous to other cases where steroid injections provided temporary relief.

Respondent conceded that Sawyer met the Table criteria for SIRVA and other requirements for entitlement. On October 23, 2023, a decision awarding damages was issued, granting Sawyer a lump sum payment of $62,545.00 for all available elements of compensation.