Allyson Lavigne v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

Allyson Lavigne filed a petition for compensation under the National Vaccine Injury Compensation Program on August 27, 2019, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine she received on October 16, 2018. The respondent filed a Rule 4(c) report on March 8, 2021, conceding that Ms.

Lavigne was entitled to compensation, acknowledging a Table SIRVA, and confirming that no other causes for her injury were identified and the statutory six-month sequela requirement was satisfied. A Ruling on Entitlement was issued on March 15, 2021.

The parties were unable to informally resolve damages, leading to a briefing schedule and a motions hearing on April 29, 2022. Ms.

Lavigne, then 27 years old, received the flu vaccine in her left deltoid on October 16, 2018. Two days later, on October 18, 2018, she presented to an orthopedist with pain in her left shoulder and difficulty moving her arm, receiving her first subdeltoid steroid injection.

Her condition worsened, and on November 1, 2018, she reported increased pain and tenderness, with a noted "fibrotic reaction." She underwent her first surgery on November 2, 2018, for arthroscopy, manipulation under anesthesia, and resection of scar tissue fibrosis. Post-operative diagnoses included impingement syndrome, secondary fibrosis, and inflammation.

Despite this, she continued to experience pain and received a second steroid injection on December 6, 2018, followed by a prescription for Celebrex. She received a third steroid injection on December 27, 2018, and a fourth on February 14, 2019, for persistent pain and tendonitis.

An MRI on April 5, 2019, revealed synovitis, rotator cuff tendinosis, and mild bursitis. On April 22, 2019, she received a fifth steroid injection and began physical therapy (PT), which she attended from April 23 to May 17, 2019.

On May 23, 2019, her orthopedist recommended a second surgery due to scar tissue maturation and irritation, which she underwent on May 31, 2019, for arthroscopic synovectomy and decompression of scar tissue. PT resumed from August 20 to September 12, 2019, after which she reported feeling better, able to return to exercise classes, and no longer experiencing constant pain or difficulty raising her arm.

In January 2020, she presented with persistent pain, and in March 2020, received a sixth steroid injection. Due to the COVID-19 pandemic, she continued PT exercises at home, regaining mobility and experiencing significant resolution of constant pain, allowing her to participate in exercise programs and hobbies, though some modified movements were still required.

Chief Special Master Brian H. Corcoran awarded Ms.

Lavigne $198,000.00 for pain and suffering and $1,587.14 for past unreimbursable expenses, totaling $199,587.14. The decision noted that while her condition was complicated by scar tissue fibrosis, she had largely recovered by late 2019 and was able to resume some hobbies and exercise.

Petitioner was represented by Leah V. Durant, and Respondent was represented by Alexa Roggenkamp.