Kimberly Axelrod v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

On February 22, 2021, Kimberly Axelrod filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on September 22, 2020. Ms.

Axelrod, who was 38 years old at the time of vaccination, alleged that her vaccine-related injuries lasted more than six months. The petition stated that the vaccination was administered within the United States and that no other action or compensation had been sought for these injuries.

The case was assigned to the Special Processing Unit. On October 25, 2022, the Special Master issued Findings of Fact, concluding that the evidence demonstrated the vaccination was administered in Ms.

Axelrod's left arm, her injury persisted for more than six months, and onset occurred within 48 hours. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on January 9, 2023, stating that they would not defend the case on other grounds and that Ms.

Axelrod had satisfied the criteria for a SIRVA claim under the Vaccine Injury Table. Specifically, the respondent noted that Ms.

Axelrod had no recent history of left shoulder pain, that the onset of pain occurred within 48 hours of vaccination, that the pain was limited to the vaccinated shoulder, and that no other condition explained the pain. The respondent did not dispute that Ms.

Axelrod had met all legal prerequisites for compensation. Based on the respondent's position and the evidence, a Ruling on Entitlement was issued in March 2023, finding Ms.

Axelrod entitled to compensation. However, the parties could not agree on the amount of damages, leading to further briefing.

On December 15, 2023, Chief Special Master Brian H. Corcoran issued a Decision awarding Ms.

Axelrod $66,988.25. This award included $65,000.00 for actual pain and suffering and $1,988.25 for actual unreimbursable expenses, which the parties had stipulated to.

The Special Master noted that Ms. Axelrod's SIRVA was mild, characterized by moderate pain (initially rated 5/10, later improving to 0-3/10), reduced range of motion, and weakness, which persisted for over six months.

She underwent physical therapy, received medication, and had one steroid injection. The Special Master compared Ms.

Axelrod's case to prior SIRVA awards, finding her injury less severe than in some cited cases but warranting an upward adjustment from others. Petitioner was represented by Catherine Wallace Costigan of Maglio Christopher & Toale, PA, and Respondent was represented by Nina Ren of the U.S.

Department of Justice.