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

Jody Caldwell filed a petition alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on September 13, 2017. She stated that the vaccine was administered in the United States, that no prior civil action had been filed, and that she had suffered residual effects of her injury for more than six months.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Caldwell is entitled to compensation.

The respondent agreed that she met the criteria for SIRVA as set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation, which afforded her the presumption of causation. Specifically, the respondent noted that she had no prior history of pain, inflammation, or dysfunction in her left shoulder, her pain occurred within 48 hours of the vaccination, and her symptoms were limited to the shoulder in which the vaccine was administered.

The respondent also agreed that the statutory six-month sequela requirement had been satisfied. Based on the respondent's concession and the evidence of record, the Chief Special Master found that Ms.

Caldwell is entitled to compensation, with the case proceeding to a damages determination.