Janet Lee Thomson v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

Janet Lee Thomson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving an influenza vaccine on September 18, 2020. She further alleged that she experienced the residual effects of her injury for more than six months.

Respondent denied that Ms. Thomson sustained a SIRVA Table injury, denied that the flu vaccine caused her alleged shoulder and axillary nerve injuries or any other injury, and denied that her current conditions were sequelae of a vaccine-related injury.

Despite these denials, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court found the stipulation reasonable and adopted it as its decision awarding damages.

Ms. Thomson was awarded a lump sum of $42,000.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act.