Kelly Joyce v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2024)

Kelly Joyce filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 8, 2019. The vaccine record did not specify the vaccination site, but the court determined that the flu vaccine was most likely administered in her left shoulder and that her pain onset occurred within 48 hours of vaccination.

Respondent conceded that Petitioner had met the requirements for a Table SIRVA and was entitled to compensation. The case proceeded to a damages hearing.

The court awarded Kelly Joyce $1,569,302.82, reflecting $1,325,375.00 for past and future lost wages, $215,000.00 for past pain and suffering, $26,063.60 for future pain and suffering, and $2,864.22 for past unreimbursed expenses. This award was based on the parties' agreement on most damages and the court's determination of the net present value of future pain and suffering, considering the statutory cap.