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

Candice Killpack, an adult, received an influenza vaccine on October 3, 2019. She alleged that this vaccine caused a shoulder injury related to vaccine administration (SIRVA).

Ms. Killpack first complained of left shoulder pain on October 24, 2019, reporting immediate onset of pain after the vaccination.

Her symptoms included pain, limited range of motion, and weakness, which persisted intermittently for approximately two years. She underwent multiple medical evaluations, physical therapy sessions, and received three cortisone injections.

The respondent argued that Ms. Killpack had not met the severity requirement of the Vaccine Act.

However, the court found that Ms. Killpack met the criteria for a Table SIRVA, including no prior shoulder condition, onset within 48 hours of vaccination, pain limited to the affected shoulder, and no other explanatory condition.

The court also found that she met the statutory six-month severity requirement. The case proceeded to damages, with Ms.

Killpack requesting $90,000 and the respondent suggesting $70,000. After considering the severity and duration of her injury, the court awarded Ms.

Killpack $73,000 for actual pain and suffering.