Paula Cavalier v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

Paula Cavalier filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 14, 2019. She sought compensation for pain and suffering, claiming the injury had lasted for almost three years.

The respondent contested the onset of pain within the 48-hour window required for a Table SIRVA claim, citing an 84-day delay before Ms. Cavalier sought treatment.

However, the court found sufficient evidence in the medical records, including consistent reports of pain starting with the vaccination, to establish the required onset timeframe. The court also found that Ms.

Cavalier met the other criteria for a Table SIRVA claim, including no history of prior shoulder issues and pain limited to the injured shoulder. As a Table injury, causation was presumed.

The court awarded Ms. Cavalier $70,000.00 for past pain and suffering, considering the severity and duration of her injury, while noting her initial reluctance to undergo physical therapy and the impact of the COVID-19 pandemic on her treatment.

This award was determined to be fair and appropriate based on the specific circumstances of her case and comparison to prior awards.