{"package_id":"USCOURTS-cofc-1_18-vv-00267","decision_granule_id":"USCOURTS-cofc-1_18-vv-00267-2","petitioner_identifier":"Maria Werning","is_minor":0,"age_at_vaccination":65.0,"age_unit_raw":"years","vaccine_type":"pneumococcal conjugate 13-Valent","vaccination_date":"2017-06-23","condition_raw":"shoulder injury related to vaccine administration (SIRVA), including a complete tear of the biceps tendon, a large SLAP tear, partial-thickness tear of the anterolateral supraspinatus, impingement, spurring of the acromioclavicular joint, arthrosis of the acromioclavicular joint and inflammation","condition_category":"SIRVA","autism_spectrum_adjacent":0,"outcome":"compensated","award_amount_usd":202996,"decision_date":"2021-05-19","extraction_version":"gemini-v2","extracted_at":"2026-04-30T00:56:14.306694+00:00","number_of_concurrent_vaccines":1,"dose_number":null,"time_to_onset_days":0,"theory_of_causation":"Maria Werning, age 65, received a Prevnar 13 vaccine on June 23, 2017. She alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) including a complete tear of the biceps tendon, SLAP tear, and rotator cuff tears. The Special Master found that Ms. Werning met the criteria for a Table SIRVA, presuming causation. Key findings included no prior history of shoulder issues, pain onset within 48 hours of vaccination (supported by contemporaneous medical records and self-reporting), pain and limited range of motion confined to the right shoulder, and no other condition explaining the symptoms. Degenerative changes on MRI were not considered disqualifying. The injury persisted for nearly four years, involving two surgeries and extensive physical therapy. The respondent argued against the 48-hour onset and the limitation of symptoms to the shoulder, but these arguments were rejected. The award was $195,000 for past pain and suffering and $7,996.30 for past unreimbursable medical expenses, totaling $202,996.30, as decided by Chief Special Master Brian H. Corcoran on May 19, 2021. Petitioner's counsel was Jimmy A. Zgheib; Respondent's counsel was Kimberly Shubert Davey.","is_death":0,"date_of_death":null,"petition_filed_date":"2018-02-21","case_summary":"Maria Werning, a 65-year-old woman, filed a petition for compensation under the National Vaccine Injury Compensation Program on February 21, 2018. She alleged that a pneumococcal conjugate 13-Valent (Prevnar 13) vaccine administered on June 23, 2017, caused a shoulder injury related to vaccine administration (SIRVA). Her alleged injuries included a complete tear of the biceps tendon, a large SLAP tear, partial-thickness tear of the anterolateral supraspinatus, impingement, spurring of the acromioclavicular joint, arthrosis of the acromioclavicular joint, and inflammation. The case was handled by Chief Special Master Brian H. Corcoran. The respondent was the Secretary of Health and Human Services, represented by Kimberly Shubert Davey of the U.S. Department of Justice. Petitioner was represented by Jimmy A. Zgheib of Zgheib Sayad, P.C.\n\nMs. Werning received the Prevnar 13 vaccine in her right deltoid on June 23, 2017. She reported immediate, significant pain at the injection site, which worsened over the following days and weeks, radiating down her arm and causing difficulty with daily activities. She initially hoped the pain would resolve on its own. Approximately three and a half weeks later, on July 17, 2017, she contacted her physician's office about the issues, but did not receive a callback. On August 28, 2017, she again contacted her physician, reporting persistent pain and requesting an appointment. On September 8, 2017, her primary care physician, Dr. Lacy Anderson, noted severe right arm pain since the vaccination, tenderness, and pain with movement, assessing it as an \"injection reaction.\" Ms. Werning was referred to an orthopedic specialist, Dr. Vytautas Ringus, who examined her right shoulder on September 27, 2017. An MRI on October 4, 2017, revealed a high-grade undersurface partial-thickness tear of the anterolateral supraspinatus, a probable complete retracted tear of the biceps tendon, a probable large SLAP tear, inflammation, spurring, and arthrosis of the acromioclavicular joint, suggesting impingement. Dr. Ringus recommended physical therapy. Ms. Werning underwent physical therapy from November 10 to December 8, 2017, reporting improvement but also increasing clicking and popping. She returned to Dr. Ringus on December 28, 2017, reporting improved, tolerable pain. On January 24, 2018, she presented with continued pain, swelling, reduced range of motion, and a diagnosis including a complete tear of the right rotator cuff, arthritis, impingement, and biceps tendon rupture. She underwent surgery on March 13, 2018, for arthroscopic debridement, rotator cuff repair, subacromial decompression, and distal clavicle excision. Post-operative recovery initially showed improvement, and by June 13, 2018, her pain was \"essentially resolved.\" However, over a year later, in July 2019, her pain returned and progressed. She underwent another MRI, attended more physical therapy, and experienced a \"burning sensation that travels down the arm.\" A second surgery was recommended and performed on January 12, 2021, for a right shoulder arthroscopy with extensive debridement. As of February 22, 2021, she still reported shooting pain, pain with raising her arm, and objective deficits.\n\nIn a ruling dated July 27, 2020, Chief Special Master Corcoran found Ms. Werning entitled to compensation, determining that her injury met the criteria for a Shoulder Injury Related to Vaccine Administration (SIRVA) listed on the Vaccine Injury Table. The respondent had argued that Ms. Werning did not demonstrate pain onset within 48 hours of vaccination and that her symptoms were not limited to the shoulder. However, the Special Master found that her self-reporting of pain \"since vaccination\" and the contemporaneous medical records supported an onset within 48 hours, and that while pain radiated, the diagnosed injury and treatment were focused on the right shoulder. Degenerative tears found on MRI were deemed not to disqualify her claim, as they are common in her age group and her primary care physician identified the vaccine as the cause. The Special Master concluded that Ms. Werning satisfied all requirements for a Table SIRVA, including no prior history of shoulder issues, pain onset within 48 hours, pain limited to the vaccinated shoulder, no other condition explaining the symptoms, and residual effects lasting more than six months.\n\nIn a subsequent decision dated May 19, 2021, Chief Special Master Corcoran awarded Ms. Werning a total of $202,996.30. This award comprised $195,000.00 for past pain and suffering and $7,996.30 for past unreimbursable medical expenses. The Special Master noted that Ms. Werning had undergone two surgeries, 71 sessions of physical therapy, and three MRIs over nearly four years. The respondent had argued for a lower award, suggesting the later pain might be a \"new\" injury, but the Special Master found the continued symptoms and similar MRI findings linked the injury back to the vaccination. The Special Master also explained that gaps in treatment were attributable to Ms. Werning's teaching schedule and the COVID-19 pandemic. The request for future pain and suffering and future medical expenses was denied as too speculative, as there was no opinion that the injury was permanent and no supporting evidence for future costs.","is_minor_inferred":0,"is_pediatric_broad":0,"special_master":"Brian H. Corcoran","petitioner_identifier_original":null,"caption_petitioner_name":"Maria Werning","petitioner_attorney_name":"Jimmy A. Zgheib","petitioner_attorney_firm":"Zgheib Sayad, P.C.","petitioner_attorney_location":"White Plains, NY","adjudicator_name":null,"caption_people_backfilled_at":"2026-05-05 23:44:58","attorney_canonical_keys":"|james-zgheib|","firm_canonical_key":"zgheib-sayad","package_title":"W. v. 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