Sue Decoretz v. HHS - Influenza, left shoulder injuries related to vaccine administration (SIRVA) (2021)

On March 14, 2019, Sue Decoretz filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered left shoulder injuries related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on October 17, 2017. Ms.

Decoretz was 71 years old at the time of vaccination and worked as a retired accountant. Approximately six weeks after the vaccination, on November 29, 2017, she presented to her primary care physician with left shoulder pain that had begun immediately after vaccination and had worsened.

She reported reduced range of motion limited by pain. She was assessed with suspected SIRVA and an adverse vaccine reaction and referred to physical therapy.

An MRI of her left shoulder on December 4, 2017, revealed changes consistent with adhesive capsulitis and mild tendinosis, but no rotator cuff tear. On December 11, 2017, an orthopedist diagnosed her with adhesive capsulitis, noting a pain level of 10/10, and recommended physical therapy.

Ms. Decoretz underwent 17 physical therapy sessions between December 7, 2017, and July 25, 2018.

Her pain levels gradually decreased, and by an orthopedic consultation on August 2, 2018, she reported a pain level of 2/10. By a February 6, 2019, orthopedic visit, she reported 0/10 pain with near-full motion and no complaints, although the orthopedist noted potential residual motion issues that did not appear limiting at that time.

Ms. Decoretz stated in affidavits that her injury caused sleepless nights and prevented her from participating in retirement activities like canoeing, kayaking, and swimming.

She reported residual pain treated with ibuprofen. The respondent filed a Rule 4(c) report conceding entitlement, agreeing that Ms.

Decoretz had no prior shoulder issues, that her pain occurred within 48 hours of vaccination and was limited to the affected shoulder, and that she suffered residual effects for more than six months. A ruling on entitlement was issued on May 19, 2020, by Chief Special Master Brian H.

Corcoran. The parties then proceeded to litigate damages.

Ms. Decoretz sought $80,000 for pain and suffering, citing prior cases with similar awards.

The respondent argued for a lower amount, noting her significant improvement within 16 months. After a hearing on March 26, 2021, Chief Special Master Corcoran awarded Ms.

Decoretz $75,000.00 for actual pain and suffering and $161.35 for past unreimbursable expenses, for a total award of $75,161.35. The decision was issued on June 8, 2021.