Elizabeth Levine v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA), including subacromial impingement; claimed rotator cuff repair not compensated (2020)

Elizabeth Levine filed her petition on March 8, 2019, alleging that an influenza vaccination administered in her right shoulder on October 31, 2016 caused a right shoulder injury related to vaccine administration. Her claim included right subacromial impingement and a claimed right rotator cuff tear or repair.

She was represented by Jessica E. Choper of Britcher Leone LLC.

Respondent conceded entitlement in part. The Rule 4(c) report accepted that Levine met the Table SIRVA requirements: there was no history of right shoulder pain, inflammation, or dysfunction before vaccination; shoulder pain began within 48 hours; the pain and reduced range of motion were limited to the vaccinated shoulder; no other condition such as brachial neuritis explained the presentation; and the injury lasted more than six months.

Respondent did not agree, however, that compensation should include her claimed right rotator cuff repair or injury. The public decision does not set out a full treatment narrative, but it does tell the central medical story.

Levine's right shoulder became painful within the Table's 48-hour onset window after the flu shot, the symptoms remained localized to that shoulder, and the record was sufficient for respondent to concede a SIRVA with subacromial impingement. The unresolved damages issue was narrower: how much compensation should be paid when respondent accepted SIRVA but did not accept the claimed rotator cuff repair as part of the compensable vaccine injury.

Special Master Nora Beth Dorsey found Levine entitled to compensation on May 21, 2020 and, the same day, adopted the parties' damages proffer. Levine received $67,500.00 for pain and suffering only.

No award was made for unreimbursable expenses, lost wages, or future damages in the public decision.