Amy L. Cates v. HHS - Influenza, right shoulder injuries (2020)

Amy L. Cates filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered right shoulder injuries as a result of an influenza vaccine she received on November 10, 2016.

The respondent conceded that her injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA), as defined on the Vaccine Injury Table. The respondent agreed that petitioner had no prior history of shoulder issues, that her pain and reduced range of motion occurred within 48 hours of the vaccine, that her symptoms were limited to the affected shoulder, and that no other condition explained her symptoms.

The Chief Special Master found that petitioner was entitled to compensation. In a subsequent decision awarding damages, the court noted that petitioner first sought treatment eleven days after the vaccine, reporting pain significant enough to wake her at night.

She received a steroid injection and occupational therapy, but the pain relief was temporary. Petitioner underwent arthroscopic surgery and further occupational therapy.

The injury interfered with her sleep, job as a real estate agent, and ability to perform daily and recreational activities. The court awarded Amy L.

Cates $108,000.00 for past pain and suffering.