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

Peggy Tully filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on September 28, 2020. The court found that Ms.

Tully is entitled to compensation and awarded her $62,500.00 for actual pain and suffering, plus reimbursement of a portion of a Medicaid lien. Ms.

Tully's shoulder pain began within 48 hours of vaccination, although she did not seek medical care for over two months due to severe nausea and other personal obligations. The court found that her injury met the Table criteria for SIRVA, including no prior history of shoulder issues, pain within the specified timeframe, pain limited to the left shoulder where the vaccine was administered, and no other condition explaining the symptoms.

The court determined that her SIRVA was moderate, with significant improvement within nine months of vaccination, and that her subsequent treatment in 2023 was not related to the SIRVA. The award for pain and suffering was based on comparisons to similar SIRVA cases, considering the duration and severity of her injury.

The Medicaid lien reimbursement was limited to treatment related to the SIRVA, totaling $3,090.69.