Christine McGee v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Christine McGee filed a petition for compensation under the National Vaccine Injury Compensation Program on November 16, 2018, alleging she sustained a left shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination received on October 24, 2017. Petitioner was represented by Andrew D.
Downing of Van Cott & Talamante, PLLC. Respondent, the Secretary of Health and Human Services, was represented by Jennifer L.
Reynaud of the United States Department of Justice. Initially, Respondent recommended denial of the petition.
However, following a fact ruling on November 30, 2021, by Special Master Herbrina Sanders, which found that Petitioner established by preponderant evidence that she experienced the onset of her left shoulder pain within 48 hours of her flu vaccination, Respondent filed an amended report on April 1, 2022. In this amended report, Respondent stated they would not defend the case on other grounds and conceded that Petitioner had otherwise satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for SIRVA.
Respondent noted that Petitioner had no recent history of left shoulder pain, inflammation, or dysfunction; the onset of pain occurred within 48 hours of the intramuscular vaccine; the pain was limited to the vaccinated shoulder; and no other condition explained the pain. Respondent also acknowledged that Petitioner suffered residual effects for more than six months.
Therefore, Respondent did not dispute that Petitioner satisfied all legal prerequisites for compensation. Special Master Sanders, reviewing the record and in light of Respondent's concession, ruled that Christine McGee is entitled to compensation.
The matter was then set to proceed to the damages phase. The ruling was signed by Special Master Herbrina Sanders on April 5, 2022, and filed on April 20, 2022.
Theory of causation
Petitioner Christine McGee received an influenza vaccine on October 24, 2017, and alleged a left shoulder injury related to vaccine administration (SIRVA). The Special Master's ruling indicates that the case proceeded based on the Vaccine Injury Table criteria for SIRVA. Petitioner established the onset of left shoulder pain within 48 hours of vaccination, and the condition persisted for more than six months. Respondent conceded that Petitioner met the criteria for SIRVA as a Table injury, including no recent history of shoulder issues, onset within 48 hours of an intramuscular vaccine, pain localized to the vaccinated shoulder, and no other identified cause for the pain. The public text does not describe specific medical experts, the mechanism of injury, or the specific dollar amount awarded, as the case was proceeding to the damages phase. The ruling on entitlement was issued by Special Master Herbrina Sanders on April 5, 2022, and filed on April 20, 2022. Petitioner was represented by Andrew D. Downing, and Respondent by Jennifer L. Reynaud.