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

Amy Schwalm filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on November 5, 2019. The parties could not informally resolve the claim, leading to a hearing on March 15, 2024.

The court found that while the respondent argued that Ms. Schwalm did not report her shoulder pain within 48 hours of vaccination, the evidence, including her status as a pharmacist who might self-treat and her colleague's recollection, preponderated in her favor.

The court also noted that the requirement for reduced range of motion did not have a specific onset timeframe and that medical records indicated such limitation. Ms.

Schwalm's injury was determined to be a Table SIRVA, satisfying all requirements for compensation. The court awarded Ms.

Schwalm a total of $52,875.37, consisting of $50,000.00 for pain and suffering and $2,875.37 for out-of-pocket medical expenses.