Elizabeth Schandel v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA), which included a strain/sprain, tendinopathy, and tear of her right rotator cuff, bursitis, and adhesive capsulitis (2019)
Case summary [AI summaries can sometimes make mistakes]
Elizabeth Schandel filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that a trivalent influenza vaccination received on October 20, 2011, caused a shoulder injury related to vaccine administration (SIRVA), including a torn rotator cuff, bursitis, and adhesive capsulitis. The Chief Special Master issued a Fact Ruling finding that the vaccination was administered in her right arm, pain onset occurred within 48 hours (on the day of vaccination), she had no prior shoulder problems, and the clinical course mirrored SIRVA.
The respondent conceded that the injury was consistent with SIRVA and caused by the flu vaccine, leading to a Ruling on Entitlement granting compensation. Subsequently, in a Decision Awarding Damages, the court awarded Ms.
Schandel $85,000.00 for actual pain and suffering and $920.03 for past unreimbursable expenses, totaling $85,920.03. The court found that while Ms.
Schandel experienced severe initial symptoms for several months, there was a significant gap in treatment and recorded symptoms for several years, and some current symptoms were attributable to unrelated conditions. Therefore, compensation was awarded only for past pain and suffering, not future pain and suffering.