Sarah Henderson v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

Sarah Henderson 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 27, 2019. Respondent conceded that her injury was consistent with SIRVA, a Table injury, and that compensation was appropriate, leading to a ruling on entitlement.

The parties were unable to resolve damages, so the court determined the award. Petitioner sought $95,000 for pain and suffering and $3,037.89 for expenses, arguing her injury was severe and lasted over three years.

Respondent proposed $65,000 for pain and suffering and $1,211.90 for expenses, contending her injury was moderate, resolved within eleven months, and that she had unrelated co-morbidities. The court found that Sarah Henderson suffered a moderate SIRVA injury for approximately eleven months, with concurrent unrelated pain in her neck, back, and thighs.

After reviewing the evidence and comparable cases, the court awarded $65,000 for past pain and suffering. Regarding expenses, the court found that much of the treatment sought after September 2020 was for unrelated issues and that documentation for some expenses was inadequate.

Therefore, the court awarded the amount proposed by Respondent for unreimbursed expenses, $1,211.90. In total, Sarah Henderson was awarded a lump sum of $66,211.90.