Joanne Gurney v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)

Joanne Gurney filed a petition for compensation under the National Vaccine Injury Compensation Program on April 4, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 1, 2015. The respondent initially contested entitlement, arguing that petitioner did not seek treatment for her alleged SIRVA until six months after her vaccination and that there was no documentation showing symptoms within 48 hours of administration.

Petitioner provided medical records, affidavits, and witness statements, including those from her husband, Michael Gurney, and others named Diane Edmond, Renee Gurney, and Jane T. Sears.

Petitioner also submitted an affidavit from Dr. Marc Wladis.

A fact hearing was held on March 29, 2018, where petitioner and her husband testified. The Special Master found petitioner to be a credible witness regarding her delay in seeking treatment, stating it did not defeat her claim but that expert opinion would be necessary.

Petitioner filed expert reports from Dr. Marco Bodor, and respondent filed a responsive expert report from Dr.

Robert Brophy. After reviewing the expert reports and supplemental filings, the Special Master issued a ruling on entitlement on March 19, 2019, finding that petitioner had demonstrated by a preponderance of the evidence that she suffered a Table SIRVA and that the first manifestation or symptom occurred within 48 hours of her vaccination.

The Special Master found petitioner's expert, Dr. Bodor, persuasive, noting his opinion that the injury was caused by needle trauma and an antigen-mediated inflammatory response, potentially exacerbated by the manner of injection and petitioner's low BMI.

The Special Master also addressed petitioner's reported symptoms of tingling and neck pain, finding they did not constitute a condition or abnormality explaining the SIRVA symptoms and were not associated with the shoulder injury by her treating physicians. The Special Master found respondent's expert, Dr.

Brophy, less persuasive, particularly his opinion that the condition was better explained as idiopathic adhesive capsulitis, which the Special Master noted failed to meet respondent's burden of showing a factor unrelated to vaccination. The case then proceeded to damages.

On July 25, 2019, respondent filed a proffer on award of compensation, proposing an award of $55,339.06, comprising $55,000.00 for pain and suffering and $339.06 for past unreimbursable expenses. Petitioner agreed with this proffered award.

On November 5, 2019, Chief Special Master Nora Beth Dorsey issued a decision awarding Joanne Gurney a lump sum payment of $55,339.06, payable by check to Joanne Gurney, representing compensation for pain and suffering and past unreimbursable expenses. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Julia Marter Collison of the U.S.

Department of Justice. Chief Special Master Nora Beth Dorsey presided over both the entitlement and damages decisions.