Kristin Maeckel v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2026)
Case summary [AI summaries can sometimes make mistakes]
Kristin Maeckel filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine administered on November 14, 2020. The parties were unable to resolve the matter informally and proceeded to an expedited hearing.
The respondent initially opposed compensation, arguing that the petitioner failed to meet the onset requirement for a Table injury. However, the court found that the petitioner is entitled to compensation.
The evidence indicated that Ms. Maeckel had no prior history of shoulder pain, and her pain began after the flu vaccine, consistent with the criteria for a Table SIRVA.
She reported pain starting approximately two months after vaccination, which the court found to be within the 48-hour window for SIRVA onset, despite a delay in seeking treatment. The court awarded Ms.
Maeckel $43,000.00 for pain and suffering, noting that her SIRVA was mild and treated over approximately one year with physical therapy, acupuncture, and a cortisone injection.
Source PDFs
USCOURTS-cofc-1_23-vv-00326