Kathy Terry v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Kathy Terry filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on October 12, 2020. She contended that the vaccine was administered into her left arm, despite the record indicating the right arm, and that the pain began immediately and worsened over time.

Medical records documented her complaints of left shoulder pain, leading to diagnoses such as bursitis and subacromial impingement, and treatment including physical therapy, injections, and ultimately surgery. Respondent initially sought dismissal, arguing that Petitioner failed to establish a Table SIRVA injury or meet the statutory severity requirement of six months of residual effects.

However, the Chief Special Master found that Petitioner more likely than not received the vaccine in her left arm and that her pain began within 48 hours of vaccination. Despite a gap in treatment records, the court found sufficient evidence to establish the injury lasted at least six months, ruling that Petitioner was entitled to compensation.

Subsequently, a proffer on award of compensation was filed, with Respondent recommending an award of $93,885.65, comprising $90,000.00 for pain and suffering and $3,885.65 for past unreimbursable expenses, to which Petitioner agreed. The court accepted this proffer, awarding Kathy Terry the stipulated amount.