Gibson v. Secretary of Health and Human Services, 21-0392V

Kelly Gibson filed a claim under the National Vaccine Injury Compensation Program in January 2021, alleging a shoulder injury (SIRVA) caused by a flu vaccine administered on August 20, 2020.
Gibson began experiencing left shoulder pain immediately after vaccination, sought treatment, and was prescribed steroids and later referred for MRI and orthopedic evaluation.
She received conservative treatment, including physical therapy and medications, but ceased formal treatment about four and a half months after onset due to COVID-19, caretaking responsibilities, and financial limitations.
Gibson claimed her symptoms persisted beyond six months, supported by her own declarations and those of family, her primary care physician, and neurologist, though contemporaneous medical records after the initial period were limited.
The government disputed severity/duration, focusing on the cessation of formal treatment prior to the six-month mark and positing a pre-existing condition accounted for symptoms.
The Special Master found Gibson met statutory and evidentiary requirements and awarded her $47,500 for pain and suffering plus $326.32 in out-of-pocket expenses.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did Gibson's injury satisfy the Vaccine Act's 6-month severity requirement?	Injury, though treated conservatively and for less than 6 months, lasted well beyond 6 months as corroborated by witness/testimonial evidence and late reports.	Pain and symptoms did not persist for 6 months since formal treatment stopped short of that period; post-vaccination symptoms were mild or from a pre-existing issue.	Yes—sufficient evidence showed ongoing symptoms and residual effects past the 6-month threshold.
Was the injury a Vaccine Table SIRVA?	SIRVA criteria met: no prior relevant pain, correct timing, proper location, no other cause identified.	Cited possible pre-existing condition, but did not dispute Table criteria directly.	All SIRVA Table and QAI criteria met.
Appropriate amount for pain and suffering	Sought $77,000, citing more severe comparable cases with long-term impact.	Proposed lower award (<$37,500), likening to milder, short-duration SIRVAs.	Awarded $47,500, finding Gibson's injury was mild, persisted just past 6 months.
Eligibility for out-of-pocket expenses	Claimed $326.32 in unreimbursed medical costs.	Agreed this amount was reimbursable.	$326.32 awarded in out-of-pocket costs.

Cucuras v. Sec'y of Health & Human Servs., 993 F.2d 1525 (Fed. Cir. 1993) (medical records given presumptive trustworthiness but are not always complete)
Burns v. Sec'y of Health & Human Servs., 3 F.3d 415 (Fed. Cir. 1993) (weight of evidence includes medical records and testimony)
Kirby v. Sec'y of Health & Human Servs., 997 F.3d 1378 (Fed. Cir. 2021) (rejecting automatic presumption that medical records are always complete)