Maria Torres v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)

Filed 2019-04-11Decided 2025-12-02Vaccine Influenza
compensated$145,497

Case summary [AI summaries can sometimes make mistakes]

On April 11, 2019, Maria Torres filed a petition alleging that an influenza vaccination administered in her left shoulder at work on October 18, 2016 caused a shoulder injury related to vaccine administration. She was 27 years old at vaccination.

Six days later, Ms. Torres reported significant left shoulder pain with numbness, tingling, and shooting pain into her neck and arm.

Early examination was mostly normal except for end-range pain with internal rotation and crepitus, and she was diagnosed with acute left shoulder pain. In November 2016, Dr.

Bajaj recorded anterior shoulder pain rated 6 to 8 out of 10, pain with multiple maneuvers, suspected SIRVA, and ordered MRI. Imaging showed an intact rotator cuff but findings near the biceps tendon; Dr.

Garbis later assessed a biceps tear, recommended therapy and injection, and performed June 2017 arthroscopy with debridement and open biceps tenodesis. Surgery showed inflammatory tissue and post-operative biceps tendinopathy.

Petitioner's expert, Dr. Benjamin Busfield, attributed the presentation to SIRVA and treated the biceps findings as incidental or secondary.

Respondent's expert, Dr. Brian Feeley, argued that biceps tendinitis better explained the course.

Special Master Horner found Ms. Torres met the Table SIRVA requirements, including no prior left shoulder dysfunction, onset within 48 hours, and symptoms not disqualifying merely because she initially reported transient radiating pain.

Respondent did not prove a factor unrelated to vaccination. After entitlement was granted on June 3, 2025, damages were awarded on December 2, 2025: $145,497.20, consisting of $100,000.00 for pain and suffering, $630.89 for past unreimbursable expenses, and $44,866.31 for lost wages.

Theory of causation

Adult petitioner, age 27; influenza vaccine October 18, 2016; Table SIRVA. COMPENSATED. Six-day first visit documented left shoulder pain with transient neck/arm numbness/tingling; later specialist care, MRI biceps findings, PT, steroid injection, and June 2017 arthroscopy/debridement/open biceps tenodesis. Petitioner expert Dr. Benjamin Busfield; respondent expert Dr. Brian Feeley. SM Horner found Table SIRVA and rejected biceps tendinitis as factor unrelated. Entitlement June 3, 2025; damages December 2, 2025. Award $145,497.20 = $100,000 pain/suffering + $630.89 expenses + $44,866.31 lost wages.

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