Alaina Guymon v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2022)

Alaina Guymon, a 41-year-old adult, filed a petition for compensation under the National Vaccine Injury Compensation Program on September 13, 2019. She alleged that she suffered a right shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 5, 2018.

The case was assigned to the Special Processing Unit. On March 1, 2021, the Respondent, Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Petitioner was entitled to compensation.

The Respondent agreed that Ms. Guymon suffered a right SIRVA injury as defined by the Vaccine Injury Table and that she experienced residual effects for more than six months.

Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on March 1, 2021, finding Petitioner entitled to compensation.

Following the entitlement ruling, the parties were unable to resolve the issue of damages. On March 25, 2022, Chief Special Master Corcoran issued a Decision Awarding Damages.

The decision noted that Ms. Guymon's medical records indicated a posterior inferior glenoid labrum tear with associated paralabral cyst, mild tendinosis, and mild hypertrophy.

She underwent arthroscopic surgery and physical therapy, experiencing pain and limitations for nearly eleven months post-vaccination. The Special Master reviewed the parties' arguments regarding the appropriate amount for pain and suffering.

Petitioner sought $110,000.00, while Respondent argued for $77,500.00. The Special Master considered prior SIRVA compensation awards, the severity and duration of Ms.

Guymon's injury, and her medical records, which showed a posterior inferior glenoid labrum tear with associated paralabral cyst, mild tendinosis, and mild hypertrophy. Ms.

Guymon underwent arthroscopic surgery and physical therapy, with her condition gradually improving, though she experienced a setback and required a second cortisone injection. By August 23, 2019, nearly eleven months post-vaccination, she reported a lack of pain and the ability to carry light objects.

The Special Master found that $110,000.00 was an appropriate award for pain and suffering, consistent with SIRVA cases involving arthroscopic surgery. The Special Master also awarded $245.80 for past unreimbursed medical expenses.

The total award was $110,245.80, to be paid as a lump sum. Petitioner was represented by John Robert Howie of Howie Law, PC, and Respondent was represented by Jennifer Leigh Reynaud of the U.S.

Department of Justice. Chief Special Master Brian H.

Corcoran issued both the Ruling on Entitlement and the Decision Awarding Damages.