Lee Meagher v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Lee Meagher filed a petition alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following her October 15, 2015, influenza vaccination. The case proceeded as a Table claim, with the Vaccine Injury Table listing SIRVA as a compensable injury if it occurs within 48 hours of vaccination.
Respondent initially argued that petitioner's pain was not limited to her shoulder and did not begin within 48 hours. However, a prior finding of fact established that her shoulder pain began within 48 hours of vaccination.
The Special Master reviewed the medical records, noting that while petitioner reported some pain radiating to her arm and hand, this was an isolated subjective report and her treatment focused exclusively on her shoulder. The Special Master found that the injury met the criteria for a Table SIRVA, concluding that the condition was localized to the shoulder and caused by the vaccine.
Therefore, Lee Meagher was found entitled to compensation for a Table SIRVA, with damages to be determined.