Charrie Ann Gibson v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

Charrie Ann Gibson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) causally related to an influenza vaccine received on October 1, 2018. The case proceeded as a Table claim, with the parties disputing entitlement and damages.

The court found that Ms. Gibson established entitlement to compensation for a Table SIRVA, noting that her prior history of neck pain did not explain the specific left shoulder injury.

The court awarded her $75,000.00 for actual pain and suffering and $2,187.31 for actual unreimbursed expenses, for a total award of $77,187.31. The decision addressed the criteria for SIRVA, including prior history, timing of pain, localization of injury, and the absence of other conditions explaining the symptoms.

The court also detailed the calculation of damages, considering the severity and duration of the injury, and the appropriateness of mileage reimbursement rates.