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

Michele Mulloy filed a petition for compensation under the National Vaccine Injury Compensation Program on September 12, 2019, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 31, 2018. At the time of vaccination, Ms.

Mulloy was an active 60-year-old retiree who worked out daily and operated a paddle board business. She experienced pain in her right shoulder within days of the vaccination, which progressed and led to diagnoses of bursitis, impingement syndrome, adhesive capsulitis, and rotator cuff tears.

Her treatment involved multiple medical evaluations, two surgeries, several steroid injections, and extensive physical therapy over several years. She also developed pain in her left shoulder, potentially due to overuse.

Respondent conceded entitlement, finding her injury met the criteria for a Table injury. The parties could not agree on damages, leading to a decision awarding compensation.

Chief Special Master Brian H. Corcoran issued a ruling on entitlement on May 5, 2021, and a decision awarding damages on February 21, 2023.

The court awarded Ms. Mulloy $205,000.00 for past pain and suffering, $16,688.12 for future pain and suffering, and $7,699.94 for past unreimbursed medical expenses, totaling $229,388.06.

The award for past unreimbursed expenses excluded costs for CBD oil and an in-home pool, but included turmeric expenses. The court considered prior SIRVA cases in determining the pain and suffering award, noting Ms.

Mulloy's significant and prolonged suffering, multiple interventions, and impact on her active lifestyle. Petitioner was represented by Leah V.

Durant and Respondent was represented by Lynn Christina Schlie and later Katherine Carr Esposito.