Karin Martindale v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)

On January 10, 2018, Karin Martindale filed a petition seeking compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccination she received on August 5, 2016, caused her to suffer from Shoulder Injury Related to Vaccine Administration (SIRVA). Ms.

Martindale was 31 years old at the time of vaccination. She was represented by Shealene Mancuso of Muller Brazil, LLP, and the Respondent was represented by Lynn Schlie of the U.S.

Department of Justice. Special Master Katherine E.

Oler presided over the case. Initially, the Respondent denied that Ms.

Martindale sustained a SIRVA table injury or that the vaccine caused her injury. However, the parties eventually reached a stipulation to settle the case.

A ruling on the onset of symptoms was issued on March 27, 2020, finding that Ms. Martindale's left shoulder pain began on August 5, 2016, the same day as her vaccination.

This finding was based on her testimony, her mother's affidavit and testimony, and subsequent medical records that attributed the pain to the flu shot. The medical records from August 12, 2016, did not explicitly mention shoulder pain, but Ms.

Martindale testified that she did mention it and was taking Motrin for the pain, which was corroborated by the medication listed in the records. Later medical records from November 2016 and April 2017 directly linked her shoulder pain to the August 2016 flu vaccination.

On November 12, 2020, a joint stipulation was filed, and on March 5, 2021, Special Master Oler issued a decision adopting the stipulation. Ms.

Martindale was awarded $41,035.55 as compensation for all damages available under the Vaccine Act. The public decision does not describe the specific mechanism of injury or name any medical experts.