{"package_id":"USCOURTS-cofc-1_21-vv-00980","decision_granule_id":"USCOURTS-cofc-1_21-vv-00980-3","petitioner_identifier":"Kimberly Axelrod","is_minor":0,"age_at_vaccination":38.0,"age_unit_raw":"years","vaccine_type":"influenza","vaccination_date":"2020-09-22","condition_raw":"shoulder injury related to vaccine administration (SIRVA)","condition_category":"SIRVA","autism_spectrum_adjacent":0,"outcome":"compensated","award_amount_usd":66988,"decision_date":"2024-01-16","extraction_version":"gemini-v2","extracted_at":"2026-04-30T01:30:49.922324+00:00","number_of_concurrent_vaccines":1,"dose_number":null,"time_to_onset_days":2,"theory_of_causation":"Petitioner Kimberly Axelrod, a 38-year-old adult, received an influenza vaccine on September 22, 2020. She alleged a shoulder injury related to vaccine administration (SIRVA) with onset within 48 hours, lasting more than six months. The respondent conceded that the injury met the criteria for a Table claim, specifically noting no prior left shoulder issues, onset within 48 hours, pain localized to the vaccinated shoulder, and no other identified cause. The Special Master's Findings of Fact confirmed vaccination in the left arm, injury duration exceeding six months, and onset within 48 hours. The Ruling on Entitlement found Petitioner eligible for compensation. The subsequent Decision on Damages, issued by Chief Special Master Brian H. Corcoran on January 16, 2024, awarded Petitioner $66,988.25 ($65,000.00 for pain and suffering, $1,988.25 for unreimbursable expenses). The Special Master characterized the injury as mild, supported by medical records showing moderate pain, reduced range of motion, and weakness, treated with physical therapy, medication, and one steroid injection. Petitioner was represented by Catherine Wallace Costigan, and Respondent by Nina Ren.","is_death":0,"date_of_death":null,"petition_filed_date":"2021-02-22","case_summary":"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 January 16, 2024, 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.","is_minor_inferred":0,"is_pediatric_broad":0,"special_master":"Brian H. Corcoran","petitioner_identifier_original":null,"caption_petitioner_name":"Kimberly Axelrod","petitioner_attorney_name":"LeeAnne Pedrick; Catherine Wallace Costigan","petitioner_attorney_firm":"Maglio Christopher & Toale, PA","petitioner_attorney_location":"Sarasota, FL; Washington, DC","adjudicator_name":null,"caption_people_backfilled_at":"2026-05-05 23:44:09","attorney_canonical_keys":"|leeanne-pedrick|catherine-costigan|","firm_canonical_key":"maglio-christopher-and-toale","package_title":"AXELROD v. 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