Stacey Hurley v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2024)

Stacey Hurley filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on October 10, 2019. Although the vaccine administration record indicated the injection was in her left arm, Hurley provided compelling evidence, including her own affidavit and subsequent medical records, that the vaccine was administered in her right shoulder.

She had a history of a left-sided mastectomy, making a right-arm injection more likely. Hurley sought treatment eleven days after vaccination for right shoulder pain and limited range of motion, consistently attributing the symptoms to the flu shot.

Her condition persisted, with significant pain during certain movements, for more than six months post-vaccination, meeting the statutory severity requirement. The court found that the evidence preponderantly supported a finding that the vaccine was administered in her right shoulder and that all SIRVA criteria and statutory requirements for entitlement were met.

Consequently, Hurley was found entitled to compensation. The court awarded her $60,000.00 for actual pain and suffering, based on a comparison to similar SIRVA cases, noting that while her injury was significant, she experienced no pain at rest.