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

Wendy Hubbard filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received in August 2021. The petition stated that the vaccine was administered in the United States, she suffered residual effects for more than six months, and no other civil action had been filed.

The court issued findings of fact on September 26, 2024, establishing that Ms. Hubbard received a flu vaccine in her left arm on August 18, 2021.

Respondent subsequently filed an amended Rule 4(c) report, acknowledging the court's findings of fact as the law of the case. Respondent conceded that the evidence supported a finding of a left-sided SIRVA as defined by the Vaccine Injury Table, noting the absence of prior shoulder issues and no other identified condition to explain the pain.

Respondent also agreed that Ms. Hubbard suffered residual effects for more than six months and did not dispute that she met the legal prerequisites for compensation, subject to Respondent's right to appeal the findings of fact.

Based on Respondent's position and the record evidence, the court found that Ms. Hubbard is entitled to compensation.