Marla Miller v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2023)

Marla Miller filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) caused by the influenza vaccine she received on November 14, 2017. The court found that Ms.

Miller was entitled to compensation, as her injury met the criteria for a Table SIRVA. She reported experiencing severe pain in her left arm immediately after the vaccination, waking up with excruciating pain that same night, and seeking medical treatment 16 days later.

Her primary care physician diagnosed myositis, likely related to the vaccine, and she subsequently saw an orthopedist who diagnosed impingement syndrome. Ms.

Miller underwent two cortisone injections and 24 physical therapy sessions over approximately ten months. The respondent initially contested the timing of the onset of symptoms, arguing it was not corroborated by contemporaneous medical records.

However, the court found sufficient evidence, including Ms. Miller's affidavit and subsequent medical records, to establish that her pain began within 48 hours of vaccination, satisfying the Table criteria.

The court awarded Ms. Miller $80,000.00 for pain and suffering and $2,191.80 for past unreimbursed out-of-pocket expenses, for a total award of $82,191.80.