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

Shirley Underwood filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 14, 2017. She reported soreness in her right arm the day after the vaccination, and by the following day, her shoulder was sore and she could not use her arm.

The injury progressed, causing significant pain and limited range of motion, leading to a diagnosis of bursitis and frozen shoulder. The respondent initially contested entitlement, arguing that the onset of pain did not occur within the 48-hour window required for a Table SIRVA claim.

However, the Chief Special Master found that the evidence, including contemporaneous emails and later medical records linking the pain to the vaccination, established that the onset of injury occurred within 48 hours. Petitioner was found entitled to compensation.

Subsequently, the parties reached a stipulation for damages. The court awarded Shirley Underwood a lump sum of $48,500.00 as compensation for all available damages.