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

Julie Shiver 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 October 5, 2020. The Chief Special Master found that the vaccine was administered in Petitioner's left shoulder and that her SIRVA symptoms began within 48 hours of vaccination, satisfying the Table criteria.

The evidence showed no history of prior shoulder issues and that her symptoms were limited to the left shoulder. Petitioner underwent extensive treatment over nearly four years, including two surgical procedures, two cortisone injections, approximately 81 physical therapy sessions, and two MRIs.

Despite some treatment gaps and the presence of some likely contributory comorbid conditions like osteoarthritis, the court found her injury persistent and severe enough to warrant compensation. The court awarded Julie Shiver $190,000.00 for actual pain and suffering, noting that her case was comparable to other SIRVA cases that received similar awards, though slightly less than some due to treatment delays and co-occurring conditions.