Xin Jin v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
On January 7, 2021, Xin Jin filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine administered on January 18, 2020, caused a left shoulder injury related to vaccine administration (SIRVA). Petitioner amended her petition on July 1, 2022.
Respondent initially contested entitlement, arguing that Petitioner had not demonstrated residual effects for more than six months. On February 19, 2025, Chief Special Master Brian H.
Corcoran issued a Ruling on Entitlement, finding that Petitioner had met the Table criteria for SIRVA and satisfied the statutory severity requirement. The Special Master found that Petitioner's symptoms continued for more than six months, supported by medical records and her declarations, and that a treatment gap between February and September 2020 was credibly explained by her fear of contracting COVID-19 and protecting her elderly mother.
On June 23, 2025, the parties filed a stipulation for an award of compensation. Chief Special Master Corcoran issued a Decision awarding Petitioner a lump sum of $70,506.41, comprised of $67,500.00 for pain and suffering and $3,006.41 for past unreimbursable expenses.
Petitioner was represented by Leah VaSahnja Durant, and Respondent was represented by Lynn Christina Schlie.
Theory of causation
Petitioner Xin Jin received an influenza vaccine on January 18, 2020. She alleged a left shoulder injury related to vaccine administration (SIRVA). Respondent agreed the injury was consistent with SIRVA but contested entitlement based on the duration of residual effects. The Special Master found that Petitioner met the Table criteria for SIRVA, which presumes causation if the criteria are met. The primary dispute was the statutory severity requirement of more than six months of residual effects. Petitioner's medical records showed initial treatment for left shoulder pain four days after vaccination, with symptoms returning after medication wore off. She cancelled a follow-up appointment in March 2020 due to COVID-19 concerns and fear of infecting her elderly mother, leading to a treatment gap until September 2020. The Special Master found Petitioner's explanation for the treatment gap credible and determined that her symptoms continued throughout this period, supported by medical records corroborated by her declarations. The Special Master concluded that the severity requirement was met. The parties subsequently stipulated to an award of $70,506.41, consisting of $67,500.00 for pain and suffering and $3,006.41 for past unreimbursable expenses. Chief Special Master Brian H. Corcoran issued the Ruling on Entitlement on February 19, 2025, and the Decision awarding damages on July 24, 2025. Petitioner was represented by Leah VaSahnja Durant, and Respondent was represented by Lynn Christina Schlie.
Source PDFs
USCOURTS-cofc-1_21-vv-00283