Kimberlee Winkle v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2022)

Kimberlee Winkle, an adult, received an influenza vaccine on November 11, 2017. She alleged that she suffered a left shoulder injury related to vaccine administration (SIRVA) caused by this vaccine.

The medical records indicated that she experienced pain immediately upon vaccination, which persisted and worsened over time. She sought treatment approximately five months after vaccination, reporting that the soreness from the flu shot had never resolved and had developed into pain with range of motion.

She was diagnosed with SIRVA and adhesive capsulitis, and underwent multiple cortisone injections and physical therapy over approximately two years. The respondent initially contested entitlement, arguing that the onset of pain did not occur within 48 hours of vaccination.

However, the court found that the evidence preponderated in favor of an immediate onset of pain, and that Ms. Winkle met all requirements for a Table SIRVA.

The case then proceeded to damages. The parties agreed on compensation for past lost wages and unreimbursed expenses.

After reviewing the severity and duration of Ms. Winkle's injury, and comparing it to prior cases, the court awarded her $68,500.00 for pain and suffering, bringing the total award to $74,806.77.