Helen J. Briggs v. HHS - Pneumococcal, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)

On July 26, 2018, Helen J. Briggs, an 82-year-old woman, filed a petition under the National Vaccine Injury Compensation Program alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving a pneumococcal conjugate (Prevnar-13) vaccine on December 21, 2015.

Ramona Jean Fry was substituted as Petitioner on April 30, 2020, following Ms. Briggs's death from unrelated causes on January 26, 2020.

The case was assigned to the Special Processing Unit. Petitioner argued entitlement to compensation for an on-Table SIRVA claim or, alternatively, a cause-in-fact claim, seeking $160,000.00 for pain and suffering and $1,961.37 for unreimbursed expenses.

Respondent contested entitlement, arguing the case should be dismissed. A hearing on entitlement and damages was held on November 19, 2020.

Petitioner was represented by Milton Clay Ragsdale, IV, and Allison Riley. Respondent was represented by Matthew Murphy and Mallori Openchowski.

Chief Special Master Brian H. Corcoran presided.

The Special Master found that Petitioner met the criteria for a Table SIRVA. Specifically, the Special Master found no history of prior shoulder pain that would explain the symptoms, that pain occurred within 48 hours of vaccination, that pain and limited range of motion were confined to the vaccinated shoulder, and that no other condition explained the symptoms.

While Respondent argued that Ms. Briggs's osteoarthritis and degenerative changes on MRI were an alternative explanation, the Special Master determined that these age-related findings were common in an 82-year-old and did not disqualify the claim, especially as the MRI also showed bursitis consistent with SIRVA.

The Special Master also noted that Ms. Briggs's treating orthopedist, Dr.

Christopher Piller, opined in favor of SIRVA. Respondent's expert, Dr.

Brian Feeley, had opined that arthritis was the most likely diagnosis. The Special Master found that Ms.

Briggs satisfied all requirements for a Table SIRVA, entitling her to a presumption of causation. The Special Master awarded $1,515.30 for past unreimbursed expenses, adjusting for a fall that occurred after August 22, 2018, and for mileage expenses incurred after Ms.

Briggs stopped driving. For pain and suffering, the Special Master awarded $120,000.00.

This award considered the severity and duration of Ms. Briggs's injury, her inability to undergo surgery due to age and comorbidities, and acknowledged that her suffering was not solely due to the vaccine injury given her significant other health issues, including congestive heart failure, COPD, arthritis, falls, and kidney disease.

The Special Master found the award to be fair and appropriate, referencing prior cases but distinguishing them based on the presence of significant comorbidities. The total award was $121,515.30.

The decision was issued on February 5, 2021.