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

Theresa Kelly filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on September 18, 2020. She experienced left shoulder pain and decreased range of motion following the vaccination.

Medical records documented bursitis, capsulitis, and a partial tear of the supraspinatus tendon. The parties fully briefed entitlement and damages.

The court found that Theresa Kelly is entitled to compensation, awarding her $55,000.00 for actual pain and suffering. The injury was determined to be a Table SIRVA, with onset presumed to have occurred within 48 hours of vaccination, despite her first seeking medical attention 20 days later.

The court found that the remaining SIRVA criteria and statutory requirements were met, including experiencing residual effects for more than six months. The award was based on a mild SIRVA that resolved in approximately seven months with conservative treatment, including one steroid injection, but without formal physical therapy.