Axelrod v. Secretary of Health and Human Services, 21-0980V

Kimberly Axelrod filed a petition under the National Vaccine Injury Compensation Program alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after a flu shot on September 22, 2020.
The court found that the vaccination was more likely than not administered in her left arm, with onset of symptoms within 48 hours, and that the injury lasted more than six months.
Despite a delayed initial report of shoulder pain (37 days post-vaccination), consistent medical records documented subsequent pain and treatment.
Axelrod received various treatments including medications, physical therapy, massage, and a steroid injection, with gradual improvement over several months.
The parties agreed on unreimbursed expenses but disagreed on the pain and suffering damages amount. The court had to determine the appropriate award.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Appropriate damages for pain/suffering	Axelrod requested $90,000, citing comparable SIRVA cases with delay and prolonged treatment.	Government suggested $52,500, arguing her case was milder and akin to Merwitz.	Court awarded $65,000, finding her case warranted more than Merwitz but less than cited comparators.
Severity and duration of SIRVA	Axelrod argued her pain/severity and impact justified higher damages.	Government argued initial pain was mild/manageable and overall injury short-lived.	Court found injury was mild to moderate, with some impact on lifestyle but limited in scope and duration.
Comparison to prior SIRVA awards	Axelrod relied on cases with two steroid shots, longer or more intense injury.	Government cited a case with single shot/less treatment for lower damages.	Court compared award trends and nuanced differences to determine reasoned amount.
Additional compensable expenses	Both parties stipulated to $1,988.25 in unreimbursed expenses.	Both parties stipulated to $1,988.25 in unreimbursed expenses.	Court awarded the stipulated expenses in full.

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