Cheri Lang v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
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.
Theory of causation
Petitioner Cheri Lang, aged 45, received an influenza vaccine on October 11, 2016, and subsequently developed shoulder pain, diagnosed as Shoulder Injury Related to Vaccine Administration (SIRVA), a Table Injury. Petitioner alleged immediate onset of pain within 48 hours of vaccination, no prior shoulder issues, pain confined to the shoulder, and no other condition explaining the symptoms. Petitioner's experts, Dr. Lesley J. Anderson and Dr. Uma Srikumaran, supported her claim, opining that the vaccination triggered an inflammatory response consistent with SIRVA, and that secondary neck and arm pain were due to compensation for shoulder dysfunction. Respondent's expert, Dr. Jennifer Winell, argued that degenerative conditions documented in medical records were the more likely cause of petitioner's symptoms and questioned the onset timeframe and confinement of pain to the shoulder. Special Master Daniel T. Horner found preponderant evidence that Ms. Lang met the four criteria for a Table SIRVA, including onset within 48 hours, despite a delay in seeking treatment, and that radiating pain and degenerative findings did not preclude a SIRVA diagnosis. The Special Master ruled in favor of entitlement on December 11, 2020, and awarded $213,363.72 in damages on August 24, 2022, covering past and future pain and suffering, lost wages, and unreimbursable expenses. Petitioner was represented by Leah Durant and respondent by Colleen Clemons Hartley.
Source PDFs
USCOURTS-cofc-1_17-vv-00995