S. C. v. HHS - HPV, shoulder injury related to vaccine administration (SIRVA) (2021)

On March 5, 2019, S. C. filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a human papillomavirus (HPV) vaccine administered on April 25, 2017.

The respondent, the Secretary of Health and Human Services, conceded entitlement to compensation on April 27, 2020, agreeing that the petitioner met the criteria for a Table injury with onset within 48 hours and no apparent alternative cause, and that she experienced residual effects for more than six months. Chief Special Master Brian H.

Corcoran issued a ruling on entitlement on April 30, 2020. Following an impasse in damages discussions, a briefing schedule was set, and a hearing was held on May 28, 2021.

The decision awarding damages was issued on July 14, 2021. The petitioner sought $195,000.00 for past and future pain and suffering, while the respondent proposed $120,000.00.

The Special Master found that the petitioner sustained a moderate-to-severe SIRVA, requiring orthopedic treatment starting two weeks after vaccination, including physical therapy, two MRIs, four steroid injections, and arthroscopic surgery on October 12, 2017, for rotator cuff repair and subacromial decompression. Following surgery, she underwent extensive physical therapy, reporting significant improvement but noting residual deficits in shoulder stability, functioning, and range of motion.

After a 21-month gap in treatment, she resumed physical therapy in June 2020 for residual limitations and pain. The Special Master determined that the petitioner's later symptoms were likely a continuation of her previous injury.

Considering the severity and duration of the injury, the treatment course including surgery and 95 physical therapy sessions, and comparing it to prior cases, the Special Master awarded $160,000.00 for actual pain and suffering. The parties agreed on $3,331.00 for past unreimbursable expenses, and the Special Master awarded an additional $32.46 for specific co-pays and mileage related to treatment, for a total of $3,363.46 in past unreimbursable expenses.

The request for future unreimbursable expenses, specifically a gym membership, was denied due to a lack of objective evidence supporting its necessity for injury rehabilitation for the entire requested period. The total award was $163,363.46, paid as a lump sum.

Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and Respondent was represented by Mollie Danielle Gorney of the U.S. Department of Justice.

Chief Special Master Brian H. Corcoran presided over the case.