Mary M. Schoeller v. HHS - MMR, Shoulder injury related to vaccine administration (SIRVA) (2022)

Mary M. Schoeller filed a petition alleging that an MMR vaccine administered on February 11, 2014, caused her to develop shoulder pain and reduced range of motion lasting over six months.

Initially, the respondent contested entitlement, arguing the MMR vaccine was not intended for intramuscular administration and that the injury did not begin within 48 hours of vaccination, thus not meeting the Vaccine Injury Table criteria for SIRVA. A fact hearing was held, and the Special Master issued a ruling finding that the MMR vaccine was likely mis-administered intramuscularly and that Ms.

Schoeller's pain began within 48 hours of vaccination. Following this fact-finding, the respondent filed an amended report conceding that Ms.

Schoeller had satisfied the Table criteria for SIRVA, including no prior shoulder issues, timely onset of pain, pain limited to the affected shoulder, and no other explanatory condition. Based on the Special Master's factual findings and the respondent's amended report, the court ruled that Ms.

Schoeller is entitled to compensation for her SIRVA injury. The decision grants entitlement but does not award damages, indicating that the case will proceed to the damages phase.