Lorraine Sofia v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)
Case summary [AI summaries can sometimes make mistakes]
Lorraine Sofia, born in 1947, filed a petition for compensation under the National Vaccine Injury Compensation Program on April 11, 2016. She alleged that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of receiving an influenza vaccine on September 30, 2014.
The respondent is the Secretary of Health and Human Services. Ms.
Sofia's medical history included vertigo, disequilibrium, mild cervical spine stenosis, and arthritis. After receiving the flu vaccine, she reported experiencing pain in her right arm that evening, which persisted and worsened over the following weeks.
She sought medical attention, with initial complaints noted by her primary care physician, Dr. Ira Kurz, on November 17, 2014, approximately seven weeks after vaccination.
She was seen by urgent care, where she was diagnosed with arm pain and prescribed a muscle relaxant. Subsequent evaluations by Dr.
Kurz, North Jersey Rheumatology Associates (PA Hilary Sugar), and Dr. Ronald E.
Gennace noted right shoulder pain, limited range of motion, and inflammation. An MRI of her cervical spine revealed degenerative changes and disc herniation, but the medical records indicated that her cervical spine issues primarily affected her left arm.
Dr. Seth Jawetz did not believe her shoulder pain was related to the vaccination.
Dr. Oscar Vazquez diagnosed impingement and rotator cuff tendonitis, administering corticosteroid injections which provided temporary relief.
Ms. Sofia underwent physical therapy, which improved her strength but not her range of motion.
On March 20, 2018, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Ms. Sofia eligible for compensation.
The ruling noted that while SIRVA was not added to the Vaccine Injury Table until after her petition was filed, her claim met the criteria for SIRVA, including no prior history of shoulder pain, onset within the specified timeframe, pain limited to the vaccinated shoulder, and no other condition explaining the symptoms. The court found a logical sequence of cause and effect and a proximate temporal relationship between the vaccination and the injury.
Following the entitlement ruling, the parties submitted a proffer on damages. On August 6, 2018, the respondent filed a proffer recommending an award of $75,350.00, consisting of $75,000.00 for pain and suffering and $350.00 for documented past unreimbursable expenses.
Ms. Sofia, a competent adult, agreed with this proffered award.
On October 18, 2018, Chief Special Master Dorsey issued a decision awarding Lorraine Sofia $75,350.00 as a lump sum payment. Petitioner was represented by Ronald Craig Homer and Joseph Pepper of Conway, Homer, P.C., and respondent was represented by Adriana Ruth Teitel of the U.S.
Department of Justice.
Theory of causation
Petitioner Lorraine Sofia, born in 1947, received an influenza vaccine on September 30, 2014, and subsequently developed Shoulder Injury Related to Vaccine Administration (SIRVA). Although SIRVA was not on the Vaccine Injury Table at the time of filing, the Special Master found entitlement based on meeting SIRVA criteria: no prior shoulder issues, onset within 48 hours of vaccination (supported by affidavit and medical records noting pain since September 2014, with first medical visit for shoulder pain approximately six weeks later), pain and reduced range of motion limited to the right shoulder, and no other condition explaining the symptoms, despite a history of cervical spine issues primarily affecting the left side. The medical records documented pain, inflammation, and reduced range of motion in the right shoulder following vaccination, with diagnoses including bursitis and impingement. The Special Master found a logical sequence of cause and effect and a proximate temporal relationship between the vaccination and the injury, consistent with medical literature on SIRVA. Petitioner was awarded $75,350.00 ($75,000.00 for pain and suffering, $350.00 for documented past unreimbursable expenses) as a lump sum. Chief Special Master Nora Beth Dorsey presided. Petitioner's counsel was Conway, Homer, P.C. (Ronald Craig Homer, Joseph Pepper), and respondent's counsel was the U.S. Department of Justice (Adriana Ruth Teitel). Decision date: October 18, 2018.
Source PDFs
USCOURTS-cofc-1_16-vv-00452