Debra Juno v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

Debra Juno filed a petition for compensation under the National Vaccine Injury Compensation Program on May 7, 2018, alleging that an influenza vaccine administered on October 10, 2016, caused a shoulder injury related to vaccine administration (SIRVA). Ms.

Juno, who was 60 years old at the time of vaccination, reported immediate pain in her right shoulder following the injection. Her condition worsened, and she sought medical attention 23 days post-vaccination, where she was diagnosed with bilateral arm pain and myalgia.

An MRI revealed a full thickness supraspinatus tear and a partial bursal sided infraspinatus tear. She underwent arthroscopic surgery to repair these tears and subsequently engaged in physical therapy for approximately seven months.

The respondent initially contested entitlement, arguing that the onset of pain did not occur within the 48-hour window required for a Table SIRVA claim. However, Chief Special Master Brian H.

Corcoran ruled in favor of Ms. Juno on the entitlement issue on September 13, 2021, finding that the onset of pain occurred within 48 hours.

The respondent accepted this ruling as the law of the case for further proceedings. On October 15, 2021, Chief Special Master Corcoran issued a ruling finding Ms.

Juno entitled to compensation. The parties were unable to agree on the damages, leading to a "Motions Day" proceeding.

Ms. Juno sought $110,000.00 for pain and suffering, while the respondent proposed $80,000.00.

Chief Special Master Corcoran reviewed prior SIRVA cases and the specifics of Ms. Juno's treatment, including surgery and physical therapy.

He found the case most similar to the Cates v. Sec'y of Health & Human Servs. case, which awarded $108,000.00, but noted Ms.

Juno's treatment course was slightly shorter. Ultimately, on November 2, 2022, Chief Special Master Corcoran awarded Ms.

Juno a total of $105,400.00. This award included $100,000.00 for pain and suffering, $815.00 for out-of-pocket medical expenses, and $4,585.00 in lost wages.

Petitioner was represented by Bridget Candace McCullough of Muller Brazil, LLP, and the respondent was represented by Debra A. Filteau Begley of the U.S.

Department of Justice.