Emily Jahn v. HHS - Influenza, left shoulder injuries (2022)
Case summary [AI summaries can sometimes make mistakes]
Emily Jahn filed a petition for compensation under the National Vaccine Injury Compensation Program on December 27, 2019, alleging that she suffered left shoulder injuries caused in fact by an influenza vaccination she received on December 28, 2016. The case was assigned to the Special Processing Unit.
On September 17, 2019, Special Master Dorsey issued a fact ruling finding that the influenza vaccine was administered in Petitioner's left arm and that her shoulder injury related to vaccine administration (SIRVA) occurred within 48 hours of vaccination. Respondent later filed a Rule 4(c) Report indicating they would not contest entitlement on other grounds, preserving their right to appeal the fact ruling, but submitting that Petitioner had otherwise satisfied the criteria for SIRVA.
On December 19, 2019, Chief Special Master Brian H. Corcoran issued a ruling on entitlement in Petitioner's favor.
The parties were unable to resolve damages informally, leading to simultaneous damages briefs filed on November 23, 2021. On January 19, 2022, Chief Special Master Corcoran issued a decision awarding damages.
The court found Petitioner entitled to a lump sum payment of $136,694.55, consisting of $135,000.00 for actual pain and suffering and $1,694.55 for past unreimbursable expenses. The decision noted that Petitioner, then 34 years old, experienced left shoulder pain starting twelve days post-vaccination, receiving treatment including physical therapy and two steroid injections, with significant relief noted by July 2017.
She did not seek further treatment for her shoulder until January 2020, a period of over 28 months during which she became pregnant and gave birth, and experienced other ailments. During this gap, she received other vaccines, including in her left shoulder.
Upon returning for treatment in January 2020, she received a third steroid injection, followed by arthroscopic surgery in July 2020 after an MRI showed a small rotator cuff tear. Post-surgery, she reported significant improvement, though pain returned to some extent.
She received a fourth steroid injection in October 2020 and continued physical therapy. Her last PT session was in November 2020, and she received a fifth and final injection in December 2020.
There was no evidence of further treatment for left shoulder pain after 2020. The Special Master considered Petitioner's arguments regarding the duration of pain, difficulties during pregnancy and childcare, and compared her case to prior SIRVA cases, noting that while her injury duration was longer and she received more steroid injections, her recovery was slower, and she had a more compelling reason for the treatment gap.
However, the Special Master also considered Petitioner's pre-existing lower back and leg pain since 2010, which likely accounted for some of her suffering, especially during the treatment gap. The award did not include compensation for future pain and suffering, as Petitioner had not established a permanent disability or other extenuating circumstances.
Petitioner's counsel was Paul R. Brazil of Muller Brazil, LLP, and Respondent's counsel was Althea Walker Davis of the U.S.
Department of Justice.
Theory of causation
Petitioner Emily Jahn, vaccinated on December 28, 2016, with an influenza vaccine in her left arm, alleged a left shoulder injury related to vaccine administration (SIRVA). A ruling on entitlement found preponderant evidence that the vaccine was administered in her left arm and the onset of SIRVA occurred within 48 hours of vaccination. Respondent did not contest entitlement on other grounds, agreeing Petitioner met the criteria for SIRVA under the Vaccine Injury Table. Chief Special Master Brian H. Corcoran awarded damages on January 19, 2022. The award included $135,000.00 for actual pain and suffering and $1,694.55 for past unreimbursable expenses, totaling $136,694.55. The Special Master considered the duration and severity of the injury, noting an initial eight-month period of moderate SIRVA, followed by a 28-month gap in treatment due to pregnancy and childcare, and subsequent treatment including surgery and multiple steroid injections. The Special Master found the injury duration longer than in comparable cases like Gunter, and noted more extensive treatment, but also considered Petitioner's pre-existing lower back and leg pain, which likely contributed to some of her reported suffering. No award was made for future pain and suffering due to lack of established permanent disability. Petitioner's counsel was Paul R. Brazil, and Respondent's counsel was Althea Walker Davis.