Ashley Wirges v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Ashley Wirges, a 32-year-old schoolteacher and track coach, filed a petition on October 29, 2019, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine in her left shoulder on October 19, 2018. She had no prior history of shoulder pain or dysfunction.

On November 12, 2018, 24 days after vaccination, Ms. Wirges presented with left shoulder pain that had begun after her flu shot and worsened with activity.

She underwent conservative treatment, including physical therapy and steroid injections. An MRI showed very mild infraspinatus and teres minor tendinopathy.

Her orthopedist assessed her with left shoulder rotator cuff tendinopathy. After a period of improvement, her pain returned, and she underwent left shoulder arthroscopy with subacromial decompression on May 19, 2020.

Following surgery, she reported significant relief but continued to experience some instability. The respondent conceded entitlement to compensation, recognizing her injury as a Table injury for SIRVA.

The parties could not agree on damages, leading to a hearing before Chief Special Master Brian H. Corcoran.

Petitioner sought $125,000.00 for pain and suffering and $1,113.29 for unreimbursable medical expenses. Respondent argued for a lower amount, suggesting her injury was mild and that she may have reinjured her shoulder through track activities.

Chief Special Master Corcoran found that Ms. Wirges's case was a SIRVA injury that required surgical intervention.

He noted that while her pain ratings were objectively low and there was a ten-month gap in treatment, the injury was severe enough to necessitate surgery. He awarded Ms.

Wirges $115,000.00 for pain and suffering and $1,113.29 for unreimbursable medical expenses, totaling $116,113.29. The decision was issued on March 5, 2024.