Vanessa Morris v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) / adhesive capsulitis (2024)
Case summary [AI summaries can sometimes make mistakes]
Vanessa Morris filed a petition alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on October 4, 2017. Initially, her claim was considered for the Vaccine Injury Table, but it was dismissed because her symptom onset occurred between 48 and 72 hours after vaccination, outside the Table's 48-hour window.
The case then proceeded as an off-Table claim, where Ms. Morris had to prove causation-in-fact.
She presented medical records and expert opinions from Dr. Naveed Natanzi and Dr.
Eric Gershwin, who opined that her condition, adhesive capsulitis, could be caused by an inflammatory reaction following an intramuscular vaccine injection, even with an onset slightly outside the typical 48-hour window. The respondent did not contest the medical theory of causation or present alternative causes.
After reviewing the evidence, the Special Master found that Ms. Morris had demonstrated by a preponderance of the evidence that her adhesive capsulitis was caused-in-fact by the flu vaccination.
A subsequent decision awarded Ms. Morris $502,071.61 in compensation, which included $150,000.00 for pain and suffering, $4,439.57 for past unreimbursable expenses, and $347,632.04 for past lost wages.