L.J. v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2023)

On January 13, 2017, L.J., a 41-year-old physical therapist, filed a petition seeking compensation under the National Vaccine Injury Compensation Program. She alleged that an influenza vaccine received on October 20, 2014, caused a Shoulder Injury Related to Vaccine Administration (SIRVA).

The petition was filed before SIRVA was added to the Vaccine Injury Table, so the claim was analyzed under the "off-Table" causation-in-fact standard. Petitioner's medical history included no prior shoulder issues.

Following the vaccination, she reported immediate pain and burning at the injection site, progressing to significant right shoulder and arm pain, numbness, and tingling in her right hand within hours and days. She sought treatment from multiple physicians, including orthopedists and neurologists, who diagnosed conditions such as neuropathic pain, ulnar neuritis, carpal tunnel syndrome, and cubital tunnel syndrome.

Petitioner also underwent extensive physical therapy, acupuncture, and chiropractic treatment. Petitioner's expert, Dr.

Marko Bodor, opined that the vaccine caused a SIRVA, potentially by entering the subdeltoid bursa, and that subsequent symptoms, including numbness, were a result of this injury. Respondent's expert, Dr.

Robert Lightfoot, argued that Petitioner suffered from a central sensitivity syndrome, not a vaccine-related injury, citing a lack of objective inflammatory markers and normal MRI findings in some areas, and noting pre-existing conditions like TMJ symptoms and possible anxiety. The Special Master, Brian H.

Corcoran, found that Petitioner presented preponderant evidence satisfying the Althen test for causation-in-fact. He determined that the influenza vaccine could cause SIRVA (Althen prong one), that the vaccination caused Petitioner's right shoulder injury (Althen prong two), and that the onset of symptoms was within a medically acceptable timeframe (Althen prong three).

The Special Master also found that while Petitioner's TMJ and carpal/cubital tunnel syndromes were likely pre-existing or unrelated, her primary SIRVA injury was vaccine-related. Following the ruling on entitlement, a separate damages decision was issued on January 20, 2023.

The Special Master awarded L.J. $92,658.75 in damages. This award comprised $80,000.00 for past pain and suffering and emotional distress, $6,977.25 for past unreimbursed medical expenses, and $5,681.50 for past lost wages.

Petitioner was represented by Ronald Homer of Conway, Homer, P.C., and Respondent was represented by Voris Johnson of the U.S. Department of Justice.