Toni Ochoa v. HHS - Influenza, shoulder injury related to vaccine administration (“SIRVA”) (2026)

Toni Ochoa filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on October 29, 2020. The case was not settled and proceeded to a ruling on entitlement and damages.

The Chief Special Master found that Petitioner likely suffered residual effects of her condition for more than six months, that the vaccine was likely administered in her right shoulder, that her shoulder pain likely began within 48 hours of vaccination, and that no other condition would likely explain her post-vaccination symptoms. Petitioner is entitled to compensation.

For damages, the court awarded $45,000.00 for actual pain and suffering and $693.96 for past unreimbursable expenses, for a total award of $45,693.96. The decision noted that while Petitioner experienced significant relief from a steroid injection, her condition persisted until approximately the six-month mark, but subsequent treatment and surgery were likely due to an unrelated incident involving moving household appliances.