Michele Mulloy v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
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 March 24, 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.
Theory of causation
Petitioner Michele Mulloy, age 60, received an influenza vaccine on October 31, 2018, and subsequently developed a shoulder injury related to vaccine administration (SIRVA). Respondent conceded entitlement, finding that Petitioner met the criteria for a Table injury, specifically noting no relevant prior history of shoulder pain, onset of pain and reduced range of motion within 48 hours of vaccination, symptoms limited to the vaccinated shoulder, and no other identified condition explaining the symptoms. The medical history detailed progressive right shoulder pain, diagnoses including bursitis, impingement syndrome, adhesive capsulitis, and rotator cuff tears, leading to two surgeries, multiple steroid injections, and extensive physical therapy. Petitioner also developed left shoulder pain. The Special Master awarded $205,000.00 for past pain and suffering, $16,688.12 for future pain and suffering (calculated as $900.00 per year discounted to present value over an estimated 22-year life expectancy using a multi-pronged discount rate), and $7,699.94 for past unreimbursed medical expenses, totaling $229,388.06. The decision was issued by Chief Special Master Brian H. Corcoran on March 24, 2023. Petitioner was represented by Leah V. Durant and Respondent by Katherine Carr Esposito.
Source PDFs
USCOURTS-cofc-1_19-vv-01396