Martha Buck v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

Martha Buck filed a petition for compensation under the National Vaccine Injury Compensation Program on August 27, 2019, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on December 24, 2017. Petitioner presented to orthopedist Dr.

Lisa Khoury on April 6, 2018, reporting left shoulder pain that began after the flu shot, with difficulty raising her arm and pain rated ten out of ten at worst. Dr.

Khoury assessed a rotator cuff strain and noted the injection site was in the subacromial area. A subsequent MRI revealed possible synovitis.

On May 7, 2018, Dr. Christopher Lutrzykowski diagnosed adhesive capsulitis, likely triggered by aberrant placement of the vaccine, and noted immediate onset pain after the injection.

Petitioner underwent physical therapy from May to August 2018, reporting improvement by August 20, 2018. Petitioner also submitted affidavits and social media posts detailing her pain onset and progression.

The Chief Special Master, Brian H. Corcoran, issued a ruling on entitlement on August 23, 2023, finding that the onset of Petitioner’s shoulder pain occurred on the day of vaccination, which is within the 48-hour window required for a Table SIRVA claim.

The ruling also found that Petitioner met all other SIRVA criteria and other requirements for entitlement, including experiencing residual effects for more than six months and not having previously collected an award or settlement. On November 17, 2023, Chief Special Master Corcoran issued a decision awarding damages.

Respondent proffered an award of $35,000.00 for pain and suffering, which Petitioner agreed to. The court awarded Martha Buck a lump sum payment of $35,000.00, payable to Petitioner.

Petitioner was represented by Leah VaSahnja Durant, and Respondent was represented by Catherine Elizabeth Stolar.