Judith Bruegging v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2019)

Judith Bruegging, a 62-year-old woman, received an influenza vaccine on October 5, 2015. She alleged that this vaccination caused a right shoulder injury related to vaccine administration (SIRVA).

Within hours of the vaccination, she experienced immediate pain in her right shoulder, which worsened significantly by the next morning. She sought medical attention approximately 24 days later, reporting severe pain and restricted movement.

Her condition was diagnosed as SIRVA, with medical records documenting tendinitis and other shoulder pathologies. The respondent conceded entitlement to compensation, acknowledging that her medical course was consistent with SIRVA and that she met the statutory requirements for compensation.

The case proceeded to determine damages. Ms.

Bruegging sought $96,698.97 for pain and suffering, medical expenses, and lost wages, primarily relying on her affidavit and comparisons to prior SIRVA cases. The respondent argued for $55,000.00 for pain and suffering, citing her relatively minor injury and limited treatment.

After reviewing the evidence, including medical records and affidavits, the court awarded Ms. Bruegging $90,000.00 for past pain and suffering and $1,163.89 for past unreimbursable medical expenses, totaling $91,163.89.

Her claim for lost wages was denied due to insufficient evidence. The decision noted that her symptoms persisted for approximately ten months, with six to eight months of severe pain, and her MRI showed moderate to severe tendinitis, distinguishing her case from those with milder injuries.