Mindy Lawson v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)

Mindy Lawson filed a petition for compensation under the National Vaccine Injury Compensation Program on June 20, 2018, alleging a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on September 1, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on May 6, 2019, conceding that Ms.

Lawson was entitled to compensation for a SIRVA of the left shoulder as defined by the Vaccine Injury Table, and that she met all legal prerequisites for compensation. A ruling on entitlement was issued on May 6, 2019.

The case then proceeded to determine damages. Ms.

Lawson, a 35-year-old nurse, received the flu vaccine in her left arm on September 1, 2016. Within six days, she presented for a workers' compensation evaluation reporting significant left shoulder pain, diagnosed as shoulder pain and treated with medication and RICE therapy.

Her condition worsened, leading to a diagnosis of vaccine complications and an ordered MRI. Over the following months, she saw an orthopedist, Dr.

Ali Hashemi, who diagnosed rotator cuff tendinitis and shoulder bursitis, and prescribed a Medrol Dosepak. Ms.

Lawson underwent multiple physical therapy sessions and received several cortisone injections. An MRI on April 20, 2017, revealed mild tendinopathy and possible small intrasubstance tear in the infraspinatus tendon, with no focal rotator cuff tear.

Dr. Hashemi diagnosed left shoulder impingement syndrome and rotator cuff tendonitis.

Ms. Lawson had her first shoulder surgery on July 18, 2017, which involved diagnostic arthroscopy, subacromial decompression, debridement, and bursectomy, with findings of extensive bursitis and a partial tear at the bursal surface of the rotator cuff.

Following this surgery, she reported improvement. However, by April 2018, she experienced increased strain and aching pain, receiving more cortisone injections.

A second MRI on October 12, 2018, revealed mild tendinopathy, a small tear of the posterior glenoid labrum, and mild bone marrow edema. She underwent a second shoulder surgery on November 18, 2018, involving arthroscopy, decompression, debridement, and distal clavicle excision, with findings of extensive bursitis and adhesions.

Further MRIs in 2019 revealed a posterior labral tear, and she was diagnosed with a SLAP tear. She received additional steroid injections and underwent a third shoulder surgery on November 11, 2019, including biceps tenodesis.

She also saw a pain management specialist, Dr. Devashish Sen, and received further steroid and platelet-rich plasma (PRP) injections.

The public decision does not describe the specific mechanism of injury or name petitioner's counsel or respondent's counsel in the damages phase, though Leah V. Durant represented the petitioner and Zoe Wade represented the respondent in the damages decision.

Chief Special Master Brian H. Corcoran issued the decision awarding damages on February 23, 2021.

The Special Master awarded $205,000.00 for pain and suffering and $10,688.69 for past out-of-pocket expenses, totaling $215,688.69. Compensation for future pain and suffering was denied, as the Special Master found that Ms.

Lawson's ability to work and earn income had been unaffected, and it was ambiguous to what extent her later SLAP tear was related to the SIRVA. The decision noted that Ms.

Lawson was fired from her job following her SIRVA and experienced significant pain and limitations, but also noted periods of pain relief and the ambiguity of the cause of her later SLAP tear.