Mayra Callejas v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2023)

Mayra Callejas, an adult, received an influenza vaccine in her left shoulder on December 12, 2019. She alleged that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result.

Within hours of the vaccination, she experienced abnormal and painful sensations at the injection site, which persisted. She presented to an orthopedist 22 days later with severe left shoulder pain and decreased range of motion.

Medical records documented pain radiating down her arm and into her fingers, as well as numbness and tingling, but the primary focus of treatment remained her left shoulder. The condition was diagnosed as SIRVA, which is a Table injury under the National Vaccine Injury Compensation Program.

The respondent initially disputed entitlement, arguing that her pain was not limited to the shoulder. However, the court found that the evidence preponderantly supported that her injury was limited to the left shoulder, despite some documented symptoms elsewhere in the arm.

The court determined that she met the criteria for a Table SIRVA, including no prior history of shoulder problems, onset within 48 hours of vaccination, and no other condition explaining the symptoms. The case proceeded to damages.

Petitioner requested $95,000 for pain and suffering, while the respondent proposed $57,500. The court awarded $67,500 for actual pain and suffering, finding the injury to be moderate and serious enough for prompt medical care, but with relatively conservative treatment and some treatment gaps.

The award was based on the severity and duration of her injury, comparing it to prior cases.