Jennifer Crossing v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2015)

Jennifer Crossing filed a petition on April 1, 2015, alleging that an influenza vaccine administered on December 6, 2013, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a report conceding that the petitioner's injury was consistent with SIRVA and was caused-in-fact by the flu vaccine.

The respondent concluded that the petitioner had satisfied all legal prerequisites for compensation under the National Childhood Vaccine Injury Act. The petitioner, born on September 5, 1985, was approximately 28 years old at the time of vaccination.

Her medical history included food allergies and lower back pain. Thirty-five days after the vaccination, she presented with left shoulder pain, which was evaluated by Dr.

Laura Dunne. Initial evaluations included an X-ray, which was normal, and an impression of traumatic rotator cuff tendonitis from the flu shot.

Treatments included meloxicam and physical therapy. Subsequent evaluations and imaging, including an MRI and EMG, were performed.

The MRI showed edema within the lateral humeral head and neck, with some evidence of supraspinatous tendinosis and subacromial bursitis. An EMG of the left shoulder was normal.

Petitioner also sought a second opinion from orthopedist Robert Palumbo, M.D., who noted pain following the flu injection with edema within the humeral head possibly secondary to interosseous injection. Petitioner was prescribed neurotonin for nerve pain, which was ineffective, and referred for acupuncture and chiropractic treatment.

The respondent's medical personnel reviewed the case and concluded that compensation was appropriate. The parties stipulated to an award of $100,000.00 for all elements of compensation, representing a lump sum payment to the petitioner.

Subsequently, on August 12, 2015, the parties filed a stipulation for attorney fees and costs. Chief Special Master Denise Kathryn Vowell issued a decision awarding $18,500.00 in attorneys' fees and $1,464.76 in costs, for a total of $19,964.76, payable jointly to the petitioner and her counsel, Lawrence Cohan.