Tiffany Cooper v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)

On January 26, 2017, Tiffany Cooper filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a left shoulder injury as a result of her November 17, 2015, influenza vaccination. The case was assigned to the Special Processing Unit of the Office of Special Masters.

Petitioner moved for a ruling on the written record, requesting a finding that her shoulder injury occurred immediately following the vaccination, with ongoing pain and decreased range of motion, and that these sequelae were a result of the vaccination. Respondent argued that the evidence was insufficient to support the claim that the injury occurred immediately following vaccination, noting that petitioner did not seek treatment for approximately six months and that her stated reason for delay was not credible.

Respondent also argued that petitioner's physician's causation opinion should carry little weight as it was based solely on the petitioner's representation of immediate onset. The public decision does not describe the specific type of influenza vaccine administered or the exact location of the injection beyond it being in the left shoulder.

Petitioner averred that she felt immediate, severe pain at the injection site and had limited range of motion within 24 hours of the vaccination. This was corroborated by witness affidavits and medical records from her first orthopedic appointment on May 23, 2016, where she reported six months of pain and stiffness since the vaccination.

Her orthopedist, James Wilson, Jr., M.D., diagnosed adhesive capsulitis (frozen shoulder) and attributed it to the vaccination, noting the injection site appeared elevated and below the acromion, suggesting it may have been given into the subacromial space. An MRI on July 15, 2016, showed a partial tear of the supraspinatus insertion, a bone contusion, and a joint effusion.

Petitioner continued physical therapy and returned to Dr. Wilson on February 20, 2017, reporting resolved pain but continued stiffness.

Dr. Wilson maintained his assessment of vaccine-related adhesive capsulitis and recommended manipulation with arthroscopic capsular release.

The Chief Special Master, Nora Beth Dorsey, found that there was preponderant evidence that petitioner experienced pain immediately following the vaccination and reduced range of motion within 24 hours. The Special Master found the injection site was in the left shoulder and that there was no evidence of an alternative cause for the shoulder pain.

The ruling on entitlement, issued on August 3, 2018, found that petitioner's injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and that she was entitled to compensation, determining the injury was caused-in-fact by the vaccination. This was an off-Table claim, requiring proof of causation.

On December 21, 2018, the parties filed a proffer on award of compensation. On February 6, 2019, Chief Special Master Dorsey awarded Tiffany Cooper $36,492.23, consisting of $35,000.00 for pain and suffering and $1,492.23 for past unreimbursable medical expenses.

Petitioner was represented by Diana Lynn Stadelnikas of Maglio Christopher & Toale, PA, and respondent was represented by Robert Paul Coleman, III, of the U.S. Department of Justice.

The decision was issued by Chief Special Master Nora Beth Dorsey.