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

Brandy Double 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 an influenza vaccine administered on January 13, 2020. Respondent conceded entitlement, agreeing that Petitioner met the criteria for SIRVA on the Vaccine Injury Table and satisfied the statutory severity requirement.

The case proceeded to a damages decision. The parties agreed on $168.16 for past unreimbursable expenses, but disagreed on compensation for past pain and suffering.

Petitioner sought $117,000.00, citing her treatment course including a steroid injection, physical therapy, and surgery for a rotator cuff tear, which she argued caused significant pain and disrupted her life for over three years. Respondent proposed $72,500.00, emphasizing an initial delay in treatment and arguing her recovery was substantial by ten months post-vaccination.

The court reviewed the evidence, including medical records and prior SIRVA cases. It found that Ms.

Double suffered a mild to moderate SIRVA injury for approximately 10 months, with pain developing within 48 hours of vaccination. While acknowledging her surgery and ongoing limitations, the court characterized her injury as on the milder end of cases requiring surgery.

Ultimately, the court awarded Brandy Double $105,168.16, comprising $105,000.00 for past pain and suffering and $168.16 for past unreimbursable expenses.