Alison Axon v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2023)

Alison Axon filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a right shoulder injury related to vaccine administration (SIRVA) as a result of receiving an influenza vaccine on October 18, 2019. She further alleged that her symptoms had continued for more than six months.

The respondent conceded that Petitioner was entitled to compensation, stating that she had no prior history of shoulder issues, experienced onset of pain within forty-eight hours of vaccination, and that her pain and reduced range of motion were limited to the vaccinated shoulder. The respondent agreed that Petitioner was entitled to a presumption of causation.

Based on the respondent's concession and the evidence, the court found Petitioner entitled to compensation. Subsequently, the parties proffered an award of $75,000.00 for all damages available under the Vaccine Act, which Petitioner accepted.

The court awarded Petitioner a lump sum payment of $75,000.00.