L.M. v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2024)

L.M. filed a petition for compensation on June 18, 2019, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on December 9, 2016. The case was assigned to the Special Processing Unit.

After procedural steps including status reports and motions, Respondent indicated in May 2020 that no factual or legal issues requiring further development had been identified. Settlement discussions were unsuccessful.

Petitioner filed an amended motion contending she met the burden of proof for a Table SIRVA and an off-Table claim. Respondent argued Petitioner was not entitled to compensation because her pain was not limited to her vaccinated shoulder.

The Chief Special Master reviewed medical records, including Petitioner's report of soreness and numbness in her left hand shortly after vaccination, which subsided after three days, but left her left shoulder sore. Medical notes from a December 22, 2016 visit indicated shoulder pain, and numbness and tingling down her arm that had resolved, but left the shoulder stiff with pain upon adduction.

The medical notes also indicated the vaccine plunger injected rather quickly. Petitioner was assessed with "vaccine related shoulder dysfunction likely secondary to injection of fluid into subdeltoid bursa causing periarticular inflammatory responses, subacromial bursitis and start of adhesive capsulitis." Treatment included an MRI showing tendinitis and bursitis without tearing, physical therapy, and an intraarticular injection of Celestone and lidocaine which significantly relieved pain and improved range of motion.

Dr. Russell VanderWilde noted transient numbness followed by progressive shoulder pain and stiffness, opining that an injection too close to the posterior capsule could cause scarring and tightness, leading to frozen shoulder and impingement.

Petitioner was assessed with adhesive capsulitis, a glenoid labrum tear, and shoulder pain. An arthrogram showed improvement in edema and bursitis.

The Chief Special Master found that Petitioner met the criteria for a Table SIRVA, including that her pain and reduced range of motion were limited to her left shoulder, despite transient symptoms elsewhere in the arm. The decision noted that the numbness and tingling resolved, while the shoulder pain was consistent, and treatment focused on the shoulder.

The Chief Special Master found no history of prior shoulder problems to explain the symptoms, that the onset of pain occurred within 48 hours of vaccination, and that no other condition or abnormality explained the symptoms. Petitioner was found to have satisfied all requirements for a Table SIRVA and was entitled to compensation.

A subsequent order addressed damages. On December 8, 2023, a hearing was held to resolve the damages dispute.

Petitioner sought $93,000.00 for pain and suffering, while Respondent recommended $77,500.00. Chief Special Master Brian H.

Corcoran awarded Petitioner $82,000.00 for pain and suffering and $367.34 in unreimbursable expenses, for a total award of $82,367.34, payable by check to Petitioner. Petitioner's counsel was Danielle Anne Strait, and Respondent's counsel was Jennifer Leigh Reynaud and later Eleanor Hanson.

Chief Special Master Brian H. Corcoran issued the ruling on entitlement and the final decision awarding damages.