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

Janet Jackson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on February 6, 2018. The respondent conceded that her injury met the criteria for a Table injury.

The court issued a ruling on entitlement, and subsequently, a decision awarding damages. Ms.

Jackson sought $140,548.50, comprising $140,000.00 for pain and suffering and $548.50 for unreimbursable expenses. The respondent proposed a lower award of $87,500.00, arguing the injury was limited and mild due to treatment delays and compliance issues.

The medical records indicated severe pain within hours of vaccination, leading to a diagnosis of internal impingement, cortisone injections, and physical therapy. Ultimately, Ms.

Jackson underwent surgery for a rotator cuff repair approximately six months after vaccination. The court reviewed prior SIRVA cases and determined that an award of $125,000.00 for pain and suffering was appropriate, considering the severity, duration, and surgical treatment required, along with minor post-surgical complications.

The requested $548.50 for unreimbursable expenses was also awarded. The total compensation awarded was $125,548.50.