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

Kelly Chisholm filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on September 3, 2020. She claimed her SIRVA symptoms persisted for more than six months.

The respondent conceded that her injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting no prior shoulder issues, pain onset within 48 hours of vaccination, pain localized to the injection shoulder, and no other identified cause. The respondent also agreed that her symptoms persisted for more than six months.

Based on the respondent's concession and the evidence, the court found Kelly Chisholm entitled to compensation. Subsequently, the parties stipulated to an award of $102,985.00, which included $102,500.00 for pain and suffering and $485.00 for past unreimbursable expenses.

This award was made as a lump sum payment to Kelly Chisholm, who is a competent adult.