Cheryl Welch v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)

Cheryl Welch, a 60-year-old woman, filed a petition for compensation under the National Vaccine Injury Compensation Program on January 16, 2018. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on September 29, 2016.

The respondent filed a Rule 4(c) report on March 5, 2019, conceding that Ms. Welch's claim met the Table criteria for SIRVA and that she was entitled to compensation.

A ruling on entitlement was issued by Chief Special Master Nora Beth Dorsey on March 8, 2019. The parties were unable to agree on the amount of compensation, and the case proceeded to determine damages.

Ms. Welch's medical history included complaints of shoulder pain beginning on October 6, 2016, shortly after her vaccination.

Her treatment course involved an MRI, a cortisone injection, and later, left shoulder arthroscopic acromioplasty and rotator cuff repair on February 8, 2017. She attended physical therapy sessions, but reported continued pain and reduced range of motion, leading to a second cortisone injection in July 2017.

After an eleven-month gap in treatment, during which she cared for her terminally ill husband, Ms. Welch returned to her orthopedist in August 2018 reporting continued pain and reduced range of motion.

She underwent a second shoulder surgery on September 4, 2018, followed by more physical therapy. She experienced consistent pain, which increased with movement, and received a third steroid injection in January 2019.

An MRI showed a re-tear of tendons and signs of bursitis. Due to "lifestyle-limiting left shoulder pain," she underwent a reverse total shoulder replacement on April 30, 2019, and attended occupational therapy.

In March 2020, she continued to complain of left shoulder pain, potentially exacerbated by degenerative disc disease. She underwent further physical therapy with minimal results and was discharged due to lack of improvement and cervical pain.

An MRI in June 2020 showed moderate to severe stenosis. She consulted with a pain management doctor for left shoulder pain, reduced range of motion, and chronic lower back pain.

She attended more physical therapy sessions with some improvement, reporting her pain levels and a 50 percent improvement since initial evaluation. She also began treating her lower back pain.

Ultimately, she consulted with a pain management doctor again, reporting average pain levels. At the time of the hearing, Ms.

Welch reported chronic pain and weakness in her left shoulder. Chief Special Master Brian H.

Corcoran issued a decision awarding damages on May 5, 2021. Ms.

Welch requested $230,000 for past pain and suffering, plus future damages. Respondent proposed $166,500 for pain and suffering.

Chief Special Master Corcoran awarded Ms. Welch $210,000.00 for actual/past pain and suffering, $11,234.94 for past unreimbursed expenses, and $1,609.13 in past lost wages, for a total award of $222,844.07.

No award was made for future pain and suffering. Petitioner's counsel was Ronald Craig Homer.

Respondent's counsel was Mollie Danielle Gorney.