Jean Clappe-Mixell v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2023)

Jean Clappe-Mixell filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging a left shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine administered on October 6, 2016. The respondent initially argued against entitlement, citing discrepancies in the vaccination site (right vs. left shoulder) and the timing of symptom onset.

However, the court found that the preponderance of the evidence, including medical records and the petitioner's statement, established that the vaccine was administered in the left shoulder and that the onset of pain occurred within 48 hours of vaccination. The court also confirmed no prior history of left shoulder issues that would explain the symptoms and that no other condition accounted for the injury.

The petitioner was found to have met the criteria for a Table SIRVA. In a subsequent decision, the court awarded damages for pain and suffering, unreimbursable medical expenses, and unreimbursable medical mileage, totaling $92,299.83.