Lisa A. Whitehead v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

Lisa Whitehead 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 October 3, 2019. The respondent conceded that Ms.

Whitehead was entitled to compensation, agreeing that her injury met the criteria for SIRVA as defined by the Vaccine Injury Table. The parties were unable to resolve damages on their own, leading to a decision awarding damages.

The court found that Ms. Whitehead is entitled to an award of $205,951.00, which includes $199,000.00 for actual pain and suffering and $6,951.00 for actual unreimbursed expenses.

The decision noted that Ms. Whitehead experienced a moderate to severe SIRVA injury for approximately 33 months, requiring multiple treatments including steroid injections, two surgeries, and physical therapy.

The court considered her case comparable to other SIRVA cases that received awards between $195,000.00 and $200,000.00 for pain and suffering, taking into account the duration and severity of her injury, as well as complicating personal circumstances.