Nancy Stolze v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2024)

Nancy Stolze filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on November 9, 2020. She stated the vaccine was administered in the United States, that her injury resulted in residual effects for more than six months, and that she had not filed any prior civil action.

Respondent conceded that Petitioner met the criteria for a SIRVA under the Vaccine Injury Table, noting she had no prior history of shoulder issues, her pain and reduced range of motion occurred within 48 hours of vaccination, her symptoms were limited to the vaccinated shoulder, and no other condition explained her symptoms. The Respondent also agreed that the six-month sequela requirement was satisfied.

Based on the Respondent's concession and the evidence, the court found Petitioner entitled to compensation. Subsequently, the parties could not informally resolve the issue of damages.

Petitioner sought $60,000.00 for pain and suffering, while Respondent recommended $45,000.00. After a hearing, the court awarded Nancy Stolze a total of $51,347.92, comprising $49,000.00 for actual pain and suffering and $2,347.92 for actual unreimbursable expenses.