Victoria Marcus v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) / adhesive capsulitis (2025)

On June 3, 2019, Victoria Marcus filed a petition alleging that an intradermal influenza vaccine administered on November 10, 2017 caused a left shoulder injury. She was a 59-year-old salon spa director with prior medical issues that included left hip pain, thrombocythemia, and hypertension, but the record described the shoulder claim as focused on a new left-sided injury after the flu shot.

Ms. Marcus described burning and aching pain after the vaccination and said her symptoms became especially difficult during the holiday season, when reaching overhead to take down decorations nearly caused her to pass out from pain.

She first saw orthopedist Dr. Mark Peterson on January 31, 2018, reporting a few months of left shoulder pain and stiffness without trauma.

Dr. Peterson diagnosed adhesive capsulitis, administered a steroid injection, and referred her to physical therapy.

At the February 20, 2018 therapy evaluation, she reported shoulder pain after a flu shot in the left upper extremity, restricted range of motion, weakness, and positive shoulder tests. She completed therapy, received a second steroid injection in April, and continued to report stiffness and pain into 2019.

Her affidavit described impaired sleep, exercise, daily activities, and difficulty catching her young grandson because reaching across her body produced intense pain. Respondent denied a Table SIRVA theory because the vaccine was given intradermally and initially argued that petitioner lacked expert support.

Petitioner relied on orthopedic shoulder surgeon Dr. Uma Srikumaran of Johns Hopkins, who opined that the intradermal vaccination could still trigger shoulder inflammation and that the timing and clinical course supported vaccine causation.

Respondent relied on orthopedic surgeon Dr. Julie Bishop of Ohio State.

Special Master Thomas L. Gowen found that Dr.

Srikumaran persuasively separated chronic degenerative MRI findings from the vaccine-triggered bursitis, tendonitis, and adhesive capsulitis process and held on March 17, 2025 that Ms. Marcus was entitled to compensation.

Damages had not yet been awarded in the public text reviewed.