Jo Sutton v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)

Jo Sutton filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine administered on January 12, 2021. The respondent initially opposed compensation, arguing that Ms.

Sutton could not demonstrate her shoulder pain began within forty-eight hours of vaccination. Ms.

Sutton provided medical records and affidavits detailing her injury. She reported that her left shoulder pain began after receiving the flu shot, with some of the worst pain she had ever experienced occurring a few weeks later.

While she did not seek treatment for her shoulder until May 11, 2021, she explained that a relocation to Oregon, the ongoing COVID-19 pandemic, and her belief that the pain would resolve contributed to the delay. She also noted that she was unaware chiropractic treatment could help her shoulder pain, as she was primarily seeking care for lower back issues during that period.

The court found that the evidence preponderantly established that Ms. Sutton's left shoulder pain occurred within 48 hours of vaccination, that she had no prior condition explaining her symptoms, that her pain was limited to her left shoulder, and that no other condition explained her symptoms.

The court also found that Ms. Sutton met the other requirements for entitlement, including receiving a covered vaccine in the United States and not having received a prior civil award for her injury.

Therefore, the court ruled that Ms. Sutton is entitled to compensation for a Table SIRVA, with the damages to be determined later.