Susan Grossmann v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (“SIRVA”) (2022)

Susan Grossmann, an adult, received an influenza vaccination on October 21, 2016. Within hours, she experienced an odd sensation in her left arm, which progressed to severe pain, numbness, and tingling, significantly limiting her range of motion.

She was diagnosed with bursitis, impingement syndrome, and adhesive capsulitis of the left shoulder, ultimately requiring surgery. The court found that her condition met the criteria for Shoulder Injury Related to Vaccine Administration (SIRVA), a condition listed on the Vaccine Injury Table.

The decision noted that while she experienced some pain radiating to her neck and arm, her treating physicians focused solely on her shoulder, and a cervical spine origin was ruled out. The court found that pre-existing degenerative changes did not preclude a SIRVA diagnosis, as the injury was temporally associated with the vaccination and consistent with the Table criteria.

Respondent did not successfully prove that a factor unrelated to the vaccination was the sole cause of her injury. The court granted entitlement based on the Table injury presumption.

Subsequently, a damages decision was issued, awarding Susan Grossmann a total of $127,148.08, comprising $120,000.00 for pain and suffering and $7,148.08 for past unreimbursable expenses, based on a joint proffer between the parties.