Teresa Tinley v. HHS - Influenza, left shoulder injuries (2020)

Teresa Tinley, later known as Teresa Sherbine, filed a petition for compensation under the National Vaccine Injury Compensation Program on March 23, 2017, alleging that an influenza vaccine administered on October 30, 2015, caused a left shoulder injury related to vaccine administration (SIRVA). Ms.

Tinley was 65 years old at the time of vaccination and reported no prior history of shoulder pain or injury. She stated the injection "immediately hurt" and that the pain worsened over the following months, leading to decreased range of motion and "excruciating pain" by January 2016.

She sought medical advice at the pharmacy where she received the vaccine on March 22, 2016, and a VAERS report was filed, noting onset of pain on October 31, 2015. She then sought treatment from an orthopedist, Dr.

Jane Tan, on April 6, 2016, who diagnosed left rotator cuff syndrome and left biceps tendinitis and administered a cortisone injection. She also received physical therapy from June 1 to June 30, 2016, and was seen by a nurse practitioner and a physician assistant, who diagnosed left upper arm pain and left shoulder strain, respectively.

Ms. Tinley testified that she stopped seeking formal treatment due to financial concerns and a belief that providers were not addressing the root cause of her pain.

The respondent argued that the medical records did not establish by a preponderance of the evidence that the vaccine caused SIRVA, specifically questioning the onset of pain within 48 hours of vaccination. A fact hearing was held on July 17, 2018, and on September 5, 2018, the Special Master issued a written fact ruling finding that the onset of petitioner's left shoulder injuries occurred within 48 hours of her vaccination.

On January 31, 2019, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement, finding that Ms. Tinley met the criteria for a Table injury (SIRVA), including no prior history of shoulder issues, pain onset within 48 hours, symptoms limited to the vaccinated shoulder, and no other condition explaining the symptoms.

The ruling also confirmed that her residual effects lasted more than six months and she had not received other compensation. Following the entitlement ruling, the parties proceeded to determine damages.

Ms. Tinley sought $90,000.00 for past and future pain and suffering, citing her pre-injury activity level and the severity and duration of her pain.

The respondent argued for an award of $40,500.00, emphasizing the relatively mild clinical course, delay in treatment, and lack of objective evidence of ongoing severe pain. The parties could not reach an agreement on damages, and Ms.

Tinley later withdrew her claim for lost wages due to the unavailability of documentation. In a decision dated March 27, 2020, Special Master Nora Beth Dorsey awarded Ms.

Tinley $70,000.00 for actual pain and suffering and $269.32 for actual unreimbursable expenses, for a total award of $70,269.32. The Special Master found that Ms.

Tinley suffered a moderately severe SIRVA injury for approximately eight months, with moderate pain that was severe with certain movements and significantly decreased range of motion, but noted the lack of contemporaneous medical documentation after June 2016 and no medical opinion of permanent injury, thus denying compensation for future pain and suffering.