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

Jane Hutton filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine administered on September 17, 2019. The respondent initially contested compensation, arguing that the petitioner could not meet the severity requirement, establish onset within 48 hours, or demonstrate reduced range of motion.

The petitioner sought a ruling on the record, which included briefing on damages. Medical records indicated that Hutton received the flu vaccine in her left shoulder on September 17, 2019.

She first complained of left shoulder pain to an orthopedist two months later, attributing it to the flu shot. Subsequent medical records noted tendinosis, impingement, and mild bursitis, with a history of limited range of motion.

The Chief Special Master found that Hutton is entitled to compensation, awarding her $37,500.00 for pain and suffering. The decision determined that Hutton met the criteria for a Table SIRVA, including no prior shoulder condition, onset within 48 hours of vaccination, pain limited to the left shoulder, and no other explanatory condition.

The severity and duration of the injury were considered mild to moderate, leading to the awarded amount, which was less than initially requested by the petitioner but aligned with respondent's valuation and other reasoned SIRVA awards.