Roisin Magee v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2020)

Roisin Magee filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she received an influenza vaccine on October 11, 2016, and subsequently suffered a right shoulder injury related to vaccine administration (SIRVA). The respondent conceded that the petitioner was entitled to compensation, agreeing that her injury was consistent with a SIRVA as defined by the Vaccine Injury Table.

A ruling on entitlement was issued on May 8, 2019. The parties then proceeded to discuss damages.

The petitioner presented medical records indicating pain and decreased mobility starting approximately three weeks after vaccination, with diagnoses including tendonitis, bursitis, and impingement syndrome. Treatment involved conservative measures such as ice, rest, pain medication, and physical therapy over a nine-month period.

The petitioner sought $113,236.92 in damages, including $95,000.00 for pain and suffering, $997.66 for unreimbursable expenses, and $17,239.26 for lost earnings. The respondent proposed a pain and suffering award of $47,500.00.

After considering the severity and duration of the injury, the conservative nature of the treatment, and comparing the case to prior SIRVA awards, the court awarded Roisin Magee a total of $83,236.92, comprising $65,000.00 for pain and suffering, $997.66 for past unreimbursable expenses, and $17,239.26 for lost earnings.