Patricia Merson v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2022)

On April 25, 2018, Patricia Merson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine received on November 15, 2016. Ms.

Merson, who was 67 years old at the time of vaccination, received the vaccine in her left shoulder at a Walgreens Pharmacy. She stated that prior to vaccination, she was generally healthy and did not have a primary care physician or specialists.

Her medical records indicated that her shoulder pain began within 48 hours of vaccination, satisfying a key requirement for a SIRVA claim under the Vaccine Injury Table. However, her first medical record noting shoulder pain was from a visit to her psychiatrist, Dr.

Allan Gold, on March 10, 2017, nearly four months post-vaccination, where she reported pain that began "a month or so ago" with sudden reaching. On April 10, 2017, approximately five months post-vaccination, she presented to Mary Hartman, ARNP-F, at True Care, complaining of left arm pain, reduced range of motion, numbness, and tingling that started after her flu shot.

She believed she had nerve damage from the shot. An MRI of her left shoulder on May 8, 2017, revealed several abnormalities including a tear of the infraspinatus tendon, tendinosis of the supraspinatus and subscapularis tendons, and osteoarthritis.

Dr. Charles Simmons, who evaluated her on April 18, 2017, assessed her with adhesive capsulitis of the shoulder and paresthesia of the hand, and recommended a steroid injection, which Ms.

Merson did not receive. Ms.

Merson averred in her affidavit that the pain began immediately after vaccination, but she delayed seeking treatment because she thought it would improve. Her husband, Richard Merson, and daughter, Dawn Merson, corroborated that she complained of pain immediately after the vaccination and that she delayed seeking medical attention until she experienced intense pain while reaching for a railing.

Respondent argued that the record was insufficient to establish that the onset of symptoms occurred within 48 hours of vaccination and that alternative causes might explain her symptoms. Chief Special Master Brian H.

Corcoran found that the preponderance of the evidence demonstrated that Petitioner met the criteria for a Table SIRVA, including the onset of pain within 48 hours of vaccination, lack of prior shoulder issues, pain and reduced range of motion limited to the left shoulder, and no other condition explaining the symptoms. He awarded Ms.

Merson $45,000.00 for pain and suffering and $257.28 for unreimbursable medical expenses, totaling $45,257.28. The decision was issued on October 3, 2022.