H.C. v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Filed 2021-01-11Decided 2024-08-02Vaccine Influenza
compensated$51,168

Case summary [AI summaries can sometimes make mistakes]

H.C., an adult, received an influenza vaccine on October 24, 2019. Within days, she developed pain and limited range of motion in her left shoulder, diagnosed as Shoulder Injury Related to Vaccine Administration (SIRVA).

She sought medical treatment for approximately four months, including physical therapy and a cortisone injection, but stopped formal treatment due to time and financial constraints, exacerbated by the onset of the COVID-19 pandemic. She continued to manage her pain with medication and self-care, refilling a prescription for diclofenac nearly ten months after vaccination.

She later sought further medical evaluation in July 2022. The court considered medical records, pharmacy records, and affidavits from H.C. and her daughter.

Respondent initially contested entitlement, arguing the severity requirement was not met, but later conceded entitlement based on the Table criteria for SIRVA. The Chief Special Master found that the evidence, including contemporaneous medical records and affidavits, preponderantly established that H.C. suffered residual effects for more than six months, satisfying the statutory severity requirement.

The case proceeded to damages, and the parties stipulated to an award. H.C. was awarded $51,168.60, comprising $50,500.00 for pain and suffering and $668.60 for past unreimbursable expenses.

Source PDFs 3 total · 2 downloaded