Deborah Kent v. HHS - Influenza, left shoulder adhesive capsulitis and a supraspinatus tendon tear (2019)

Deborah Kent, an adult, received an influenza vaccination on October 2, 2015. Within hours, she developed immediate left shoulder pain, which progressed to adhesive capsulitis and a supraspinatus tendon tear.

She sought medical attention approximately three months later, experiencing severe pain and limited range of motion. Her condition was diagnosed as Shoulder Injury Related to Vaccine Administration (SIRVA).

The case proceeded as an off-Table claim, as SIRVA was not yet on the Vaccine Injury Table at the time of her vaccination. Petitioner presented medical records and testified about her symptoms, including the immediate onset of pain and subsequent limitations in daily activities.

Respondent initially contested the timing of the onset of her pain. Following a fact hearing, the court found that petitioner's injury was caused by the vaccination and that she was entitled to compensation.

In a subsequent decision awarding damages, the court awarded Deborah Kent $80,000.00 for pain and suffering and $2,564.78 to satisfy her Medicaid lien, for a total award of $82,564.78. The court considered the severity and duration of her injury, comparing it to other SIRVA cases, and determined this amount to be fair and appropriate.