Traci Gould Miller v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)

Traci Gould Miller filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine administered on September 17, 2019. The case was assigned to the Special Processing Unit.

After attempting to resolve the case informally, the parties reached an impasse, and the court proceeded to rule on entitlement and damages. The primary dispute was whether Ms.

Miller's shoulder pain began within 48 hours of vaccination, a requirement for a Table SIRVA claim. While some medical records were vague, the court found that the evidence, including Ms.

Miller's sworn affidavit and subsequent treatment records, preponderantly supported an onset within 48 hours. The court determined that Ms.

Miller met all requirements for a Table SIRVA and was entitled to compensation. For damages, Ms.

Miller requested $85,000 for pain and suffering, citing her treatment history including injections, an MRI, and physical therapy. The respondent proposed $67,500, arguing the injury was not severe and had resolved.

The court awarded $75,000 for pain and suffering, noting that while Ms. Miller experienced pain for approximately 17 months, her initial delay in seeking treatment and subsequent gaps indicated the pain was not so severe as to necessitate urgent care throughout.

The award reflects the specific circumstances of her injury, its duration, and treatment.