Gail Shelton v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Gail Shelton filed a petition for compensation under the National Vaccine Injury Compensation Program on February 21, 2019, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine administered on September 7, 2016. The respondent initially contested that a covered vaccine was received and that the onset of pain occurred within 48 hours.
Following a hearing, Chief Special Master Brian H. Corcoran found that Petitioner is entitled to compensation.
The decision notes that the public text does not describe the specific clinical story beyond the alleged injury, nor does it name specific medical experts. The Special Master found sufficient evidence that Ms.
Shelton received the flu vaccine and that her shoulder pain began within 48 hours of vaccination, satisfying the criteria for an "on-Table" SIRVA claim. The Special Master awarded Ms.
Shelton $97,500.00 for actual pain and suffering. This award considered factors such as the delay in seeking treatment, the severity and duration of her injury, which included physical therapy, three steroid injections, an MRI scan, and arthroscopic surgery.
The decision notes that Petitioner's condition improved significantly after surgery and physical therapy, and she sought no further treatment for her shoulder. The award was determined to be a fair and appropriate amount, falling between comparable SIRVA cases that also involved treatment delays and surgical procedures.
The clerk of the court was directed to enter judgment in accordance with this decision.
Theory of causation
Petitioner Gail Shelton filed a petition alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on September 7, 2016. The claim was processed under the "on-Table" provision of the Vaccine Injury Table, specifically 42 C.F.R. § 100.3(a)(XIV)(B), which requires manifestation within 48 hours of vaccination. The respondent contested the receipt of a covered vaccine and the timely onset of symptoms. Chief Special Master Brian H. Corcoran found that Petitioner established receipt of the influenza vaccine and satisfied the SIRVA criteria: no prior shoulder condition, onset of pain within 48 hours of vaccination (though treatment was delayed for approximately five months), pain limited to the affected shoulder, and no other condition explaining the symptoms. Causation was presumed under the Table. The Special Master awarded $97,500.00 for actual pain and suffering, considering the delay in treatment, the severity and duration of the injury, which included physical therapy, steroid injections, an MRI, and arthroscopic surgery. The decision was issued on June 21, 2021. Petitioner's counsel was Bruce William Slane, and respondent's counsel was Sarah Black Rifkin. The Special Master was Brian H. Corcoran.
Source PDFs
USCOURTS-cofc-1_19-vv-00279