Janis Edminster v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2023)

Janis Edminster filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on October 5, 2016. The respondent conceded that Ms.

Edminster was entitled to compensation, agreeing that her injury met the criteria for SIRVA on the Vaccine Injury Table and that she met the statutory severity requirement of suffering residual effects for more than six months. The case proceeded to a damages determination, as the parties could not agree on compensation.

Ms. Edminster's medical history details nearly five years of treatment for her left shoulder pain, which began shortly after the vaccination.

Her treatment included two shoulder surgeries, multiple rounds of physical therapy totaling over 111 sessions, and a cortisone injection that caused an adverse reaction. The respondent argued for an award of $170,000 for pain and suffering, while Ms.

Edminster sought $205,000, citing comparable cases. The Special Master found Ms.

Edminster's case comparable to prior decisions awarding $200,000-$205,000 for pain and suffering, considering the severity and nearly five-year duration of her injury, which included two surgeries and extensive treatment. Ultimately, the court awarded Ms.

Edminster $205,000 for pain and suffering and an additional $15,005.36 to satisfy a Medicaid lien, for a total award of $220,005.36.