Kelly Gibson v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)

Kelly Gibson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on August 20, 2020. She reported that the vaccine was administered high on her arm, and she experienced soreness and pain that worsened with activity.

Her primary care provider prescribed steroids, which provided some relief, and she was referred to an orthopedist. An MRI revealed tendinosis and a tear in her rotator cuff, and she was diagnosed with impingement syndrome.

She underwent physical therapy, but her pain persisted. Gibson submitted declarations from herself, her mother, her sister, her primary care provider, and her neurologist, detailing her ongoing shoulder pain and limitations.

Respondent argued that Gibson had not established that she suffered residual effects of her injury for more than six months, as her formal treatment ended just over four and a half months after vaccination. The court found that Gibson had preponderantly established that her shoulder pain continued for more than six months, citing her ongoing symptoms at her last PT visit, calls to her PCP reporting pain, and declarations from treating physicians.

The court also found that all Table SIRVA and Qualifications and Aids to Interpretation (QAI) criteria were met, along with all statutory requirements for entitlement. The court awarded Gibson $47,500.00 for pain and suffering and $326.32 for out-of-pocket medical expenses, for a total award of $47,826.32.