Nanoya Burgan v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2025)

Nanoya Burgan filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 23, 2020. She claimed her left shoulder pain began the night of the vaccination.

The court found that her pain onset occurred within 48 hours of vaccination, satisfying the criteria for a Table SIRVA injury. The decision noted her prior medical history, including diabetes, high blood pressure, high cholesterol, and breast cancer treatment, but found no evidence of prior shoulder issues or alternative causes for her symptoms.

The respondent initially contested entitlement, arguing the record was insufficient to prove onset within the requisite period, citing a lack of mention of pain at a PCP appointment fourteen days post-vaccination and a delay in seeking treatment. However, the court weighed the petitioner's consistent reporting of pain onset after the flu shot to medical providers, including an ultrasound performed for arm pain and swelling three weeks post-vaccination, against the respondent's arguments.

The court determined that Nanoya Burgan had met all requirements for entitlement to compensation. Subsequently, a decision awarding damages was issued, granting a total of $45,021.32, comprising $45,000.00 for pain and suffering and $21.32 for past unreimbursable expenses, based on a proffer agreed upon by both parties.