Cheri Lang v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

On July 24, 2017, Cheri Lang filed a petition under the National Childhood Vaccine Injury Act, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on October 11, 2016. Ms.

Lang, who was 45 years old at the time of vaccination, had no significant prior medical history and had received flu vaccines annually without issue. She reported that pain in her right shoulder began immediately after the vaccination.

After several months of conservative treatment, including physical therapy and steroid injections with limited success, she underwent arthroscopic surgery. Her condition was diagnosed as SIRVA, which is a Table Injury under the Act.

The respondent argued that degenerative changes were the cause of her condition. However, Special Master Daniel T.

Horner found that Ms. Lang met the criteria for a Table SIRVA, including no prior history of shoulder issues, onset of pain within 48 hours of vaccination, and pain confined to the shoulder without another condition explaining her symptoms.

The Special Master's ruling on entitlement was issued on December 11, 2020. Subsequently, on August 24, 2022, Special Master Horner issued a decision awarding Ms.

Lang $213,363.72 in damages. This award included $195,000.00 for actual pain and suffering, $10,457.43 for projected pain and suffering (converted to net present value), $3,059.11 for past lost wages, and $4,847.18 for past unreimbursable expenses.

Petitioner was represented by Leah Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Colleen Clemons Hartley of the U.S.

Department of Justice. The decision does not describe the specific mechanism of injury or name all treating physicians beyond those referenced in the medical records.