Cynthia Nute v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)

On January 30, 2018, Cynthia Nute filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on September 21, 2016. Ms.

Nute, a 43-year-old nurse, received the vaccination in her left deltoid. Shortly after the vaccination, she experienced pain, loss of motion, and weakness in her left shoulder.

Her condition worsened over time, and she was diagnosed with SIRVA, with a likely component of adhesive capsulitis. Her treatment involved multiple cortisone injections, extensive physical therapy, and ultimately surgery on June 15, 2017, for a left open biceps tenodesis, extensive glenohumeral debridement, and subacromial decompression.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on February 26, 2019, conceding that Ms. Nute's claim met the Table criteria for SIRVA and that she was entitled to compensation.

The case then proceeded to damages. The parties were unable to reach an agreement on damages, and briefs were filed.

Petitioner requested $130,000.00 for pain and suffering, while respondent proposed no more than $100,000.00. Chief Special Master Nora Beth Dorsey reviewed the medical history, affidavits, and arguments.

Ms. Nute's medical records detailed her progression of pain, limited range of motion, and the impact on her daily activities and work as a nurse.

She described the cortisone injections as painful, with increased pain after the anesthetic wore off. Her surgery involved debridement and decompression, and she subsequently underwent aggressive physical therapy.

While her recovery was swift after surgery, she continued to experience intermittent pain and residual weakness. The Special Master found that Ms.

Nute suffered moderate to severe SIRVA symptoms for approximately nine months post-vaccination, followed by less severe symptoms for an additional one to two months post-surgery, in addition to undergoing painful injections, surgery, and physical therapy. Comparing her case to prior SIRVA decisions, the Special Master found it most similar to Collado and Dobbins, noting that her injury and treatment were somewhat more severe than Collado, with a longer duration of pain, and more severe than Knudson.

Based on the record, the Special Master awarded Ms. Nute $125,000.00 for actual pain and suffering.

This award was a lump sum payment. Petitioner was represented by Maximillian J.

Muller of Muller Brazil, LLP, and respondent was represented by Christine Mary Becer of the U.S. Department of Justice.

The decision was issued by Chief Special Master Nora Beth Dorsey.