Debra Cain v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2022)

Debra Cain filed a petition alleging that an influenza vaccination received on January 15, 2019, caused her to suffer a right shoulder injury related to vaccine administration (SIRVA). The case was initially recommended for denial by the respondent.

However, the Special Master found that Ms. Cain preponderantly established that she experienced onset of shoulder pain within forty-eight hours of receiving her vaccination.

The respondent subsequently amended their report, acknowledging the Special Master's finding on onset as the law of the case. While preserving the right to appeal the onset finding, the respondent conceded that Ms.

Cain otherwise satisfied the criteria set forth in the Vaccine Injury Table and Qualifications and Aids to Interpretation for SIRVA. The respondent further acknowledged that Ms.

Cain's injury lasted for more than six months and did not dispute that she met all legal prerequisites for compensation. Based on the respondent's position and the evidence, the Special Master found that Ms.

Cain is entitled to compensation. The decision was an entitlement ruling, with damages to be determined later.