Linda Bergstrom v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
On May 28, 2019, Linda Bergstrom filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on January 29, 2018. The case was assigned to the Special Processing Unit.
Initially, the respondent contested entitlement, arguing that the petitioner failed to establish the required onset of pain within 48 hours of vaccination. However, following a fact ruling on December 4, 2020, which found preponderant evidence that the onset of Ms.
Bergstrom's pain occurred within 24 hours of vaccination, the respondent filed an amended report stating they would not defend the issue of entitlement. Chief Special Master Brian H.
Corcoran issued a ruling on entitlement on January 7, 2021, finding that Ms. Bergstrom met all requirements for a Table SIRVA injury.
The parties then engaged in discussions regarding damages. After reaching an impasse, they proceeded to briefing.
In a decision dated November 2, 2021, Chief Special Master Corcoran awarded Ms. Bergstrom $81,115.32 in damages.
This award consisted of $80,000.00 for actual pain and suffering and $1,115.32 for past unreimbursable medical expenses. The Special Master determined that Ms.
Bergstrom experienced severe pain and limited range of motion for approximately five months post-vaccination, followed by moderate pain for about one month after a cortisone injection. She received significant relief for approximately six months following the initial injection.
The Special Master found that Ms. Bergstrom did not provide sufficient evidence to connect the shoulder pain she complained of in February 2021, more than two years after her last treatment in January 2019, to the 2018 flu vaccine.
Consequently, no award was made for future pain and suffering, as the petitioner had not established a permanent disability or other extenuating circumstances. The decision was issued by Chief Special Master Brian H.
Corcoran, with Edward M. Kraus representing the petitioner and Mark Kim Hellie representing the respondent.