Bonnie Graczyk v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Bonnie Graczyk, an adult, received an influenza vaccine in her left arm on November 19, 2019. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of this vaccination.
The injury reportedly caused pain and limited range of motion in her left shoulder, persisting for more than six months. Graczyk submitted medical records and declarations detailing her symptoms and their onset following the vaccination.
She reported pain at the injection site shortly after the vaccine, which persisted and worsened over time, interfering with daily activities. Respondent initially contested the onset of her symptoms, arguing that the medical records were inconsistent.
However, the court found that the preponderance of the evidence supported a finding that her shoulder pain began within 48 hours of vaccination, satisfying the Table criteria for SIRVA. Respondent did not contest the remaining SIRVA criteria or other requirements for entitlement, such as the vaccine being covered and administered in the United States, and the injury lasting more than six months.
The court granted Graczyk's motion for a ruling on entitlement, finding her eligible for compensation. Subsequently, the parties stipulated to an award.
The court awarded Bonnie Graczyk a lump sum of $37,500.00 for pain and suffering.
Source PDFs
USCOURTS-cofc-1_21-vv-00376