Elizabeth Johnson v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

Elizabeth Johnson filed a claim under the National Vaccine Injury Compensation Program alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine she received on October 5, 2018. The case proceeded as a Table claim, meaning the injury is presumed to be vaccine-related if certain criteria are met.

Johnson argued that she met the criteria for a SIRVA, including no prior history of shoulder issues that would explain her symptoms, onset of pain within 48 hours of vaccination, pain limited to the shoulder, and no other condition explaining her symptoms. The respondent contested entitlement, arguing that Johnson did not meet the severity requirement, that her pain was not limited to the shoulder, and that her onset was not within 48 hours.

The court found that Johnson met the Table requirements for a SIRVA, including the six-month severity requirement, and was therefore entitled to compensation. The court awarded Johnson $50,000.00 for pain and suffering and $877.46 for unreimbursed out-of-pocket expenses, totaling $50,877.46.

The court noted that while Johnson had some prior shoulder pain, it was not of a nature or recency to explain her post-vaccination symptoms, and that her pain, despite some initial radiation, was ultimately determined to be limited to her left shoulder. The court found the onset of pain to be within 48 hours of vaccination, though some records were imprecise.

The award for damages was based on a finding of a mild SIRVA with sporadic treatment over approximately two years.