Bridget Morrison-Langehough v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)

Bridget Morrison-Langehough, an adult, received an influenza vaccine on October 15, 2018. She alleged that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of this vaccination.

The petitioner reported immediate and severe pain in her left shoulder following the injection. While she did not seek treatment for the shoulder pain until approximately 29 days post-vaccination, medical records documented consistent complaints of left shoulder pain and limited range of motion thereafter.

The respondent initially disputed entitlement, arguing that the onset of pain did not occur within the 48-hour window required for a Table SIRVA claim. However, the court found that the evidence preponderated in favor of an onset within 48 hours, citing the petitioner's affidavit and subsequent medical records that attributed the pain to the vaccination.

The court also found that the petitioner met the other criteria for a Table SIRVA, including the absence of a prior condition explaining the symptoms and that the pain and limited range of motion were confined to the affected shoulder. The case proceeded to damages, where the petitioner requested $85,000 for pain and suffering, while the respondent proposed $50,000.

The court awarded Bridget Morrison-Langehough $70,000 for actual pain and suffering, considering the severity and duration of her injury, the conservative treatment received, and the treatment gaps.