Melissa Bishop v. HHS - Influenza, left shoulder injuries related to vaccine administration (SIRVA) (2021)

On January 4, 2018, Melissa Bishop filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered left shoulder injuries related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on December 1, 2016. Ms.

Bishop was 44 years old at the time of vaccination. Her petition detailed a history of chronic pain conditions, including fibromyalgia, hypertension, back pain, migraine, anemia, and gastroesophageal reflux, dating back to at least 2009.

She reported experiencing pain in her upper back, shoulders, and lower back in 2009 and 2010. Following the December 1, 2016 flu vaccine, administered intramuscularly in her left deltoid, Ms.

Bishop reported experiencing pain in her left triceps area, which she stated she never had prior to the shot. By March 9, 2017, her medical records noted limited range of motion in her left acromioclavicular joint.

By April 6, 2017, she reported significant worsening pain in her left shoulder, difficulty lifting her arm, and inability to perform daily activities like shaving or fastening her bra. An MRI on April 14, 2017, indicated findings suggestive of adhesive capsulitis.

Subsequent medical evaluations and physical therapy documented ongoing pain, stiffness, and limited range of motion, with pain radiating from her shoulder to her wrist and fingers. Petitioner's expert, Naveed Natanzi, D.O., opined that Ms.

Bishop's left shoulder pain was a direct result of the influenza vaccine due to inadvertent over-penetration of the needle, causing an inflammatory response and adhesive capsulitis. He concluded that while fibromyalgia was present, it did not negate the vaccine's role in causing the SIRVA.

Respondent's expert, Paul J. Cagle, M.D., contested the claim, arguing that the medical records did not reflect shoulder pain until over three months post-vaccination, that the MRI showed minimal fluid, and that there was no definitive evidence of inappropriate vaccination technique or appropriate timing of symptom onset.

Respondent initially contested entitlement but later filed an amended report stating they would no longer defend the case, while reserving the right to appeal any entitlement ruling. On September 20, 2019, a finding of fact was issued determining that the onset of Petitioner’s shoulder injury likely occurred within 48 hours of vaccination.

Chief Special Master Brian H. Corcoran issued a ruling on entitlement on November 20, 2020, finding that Ms.

Bishop had provided preponderant evidence that the flu vaccine caused her left shoulder injury, satisfying the three prongs of the Althen test for causation-in-fact claims. Following the entitlement ruling, the parties submitted a proffer on December 9, 2020.

Chief Special Master Corcoran issued a decision on February 5, 2021, awarding Ms. Bishop $52,936.14, comprised of $52,500.00 for pain and suffering and $436.14 for past medical expenses, as a lump sum payment.

Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and Respondent was represented by Traci R.

Patton of the U.S. Department of Justice.