Kathleen Carlow v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)

Kathleen Carlow filed a petition for compensation under the National Vaccine Injury Compensation Program on September 19, 2019, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine administered on September 20, 2016. The case was assigned to the Special Processing Unit.

After attempts at informal resolution failed, the parties briefed entitlement and damages. Respondent argued that Petitioner did not meet the Table criterion for SIRVA that required pain and reduced range of motion to be limited to the shoulder of injection, and that Petitioner had not provided sufficient evidence for causation-in-fact.

Petitioner argued that the evidence established her injury met the Table criteria. The Special Master found that Petitioner met all requirements for a Table SIRVA, including that her pain and reduced range of motion were primarily limited to her left shoulder, and thus she was entitled to a presumption of causation.

The Special Master awarded Petitioner $77,500.00 for pain and suffering and $5,910.29 for out-of-pocket medical expenses, for a total award of $83,410.29. The award for pain and suffering considered that Petitioner was pregnant at the time of vaccination, limiting her treatment options, and the subsequent difficulties caring for her newborn child while suffering from the SIRVA injury.

The medical expenses awarded were for unreimbursed costs, excluding a specialty mattress for back pain which Petitioner withdrew. The Special Master noted that while Petitioner complained of pain radiating down her arm and into her hand, the vast majority of records concentrated on left shoulder pain, and diagnoses of adhesive capsulitis by multiple providers, including an orthopedic specialist, supported the SIRVA claim.

Testing ruled out brachial neuritis. The Special Master found Petitioner's SIRVA comparable to a prior case where the petitioner was also pregnant at the time of vaccination and faced similar limitations in treatment and childcare, resulting in an award of $85,000.00 for pain and suffering in that case.

The Special Master awarded $77,500.00 for pain and suffering, slightly discounting Petitioner's request of $80,000.00 to account for non-compensable pain complaints. The award for past unreimbursed expenses was $5,910.29, after Petitioner withdrew a claim for a specialty mattress.

The decision was issued by Chief Special Master Brian H. Corcoran on July 12, 2022.