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

Lisa Meirndorf filed a petition for compensation under the National Vaccine Injury Compensation Program on December 11, 2019, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her influenza vaccination on October 30, 2017. The respondent, the Secretary of Health and Human Services, conceded entitlement to compensation.

The respondent's medical personnel reviewed the petition and medical records and concluded that Petitioner suffered a right SIRVA, with no other causes identified, and that she met the statutory requirements by experiencing six months of residual effects. A ruling on entitlement was issued by Chief Special Master Brian H.

Corcoran on April 30, 2021, finding Petitioner entitled to compensation. The parties were unable to agree on the amount of damages, leading to a hearing on February 18, 2022.

Petitioner was represented by John Robert Howie of Howie Law, PC, and the respondent was represented by Voris Edward Johnson of the U.S. Department of Justice.

In a decision dated March 7, 2022, Chief Special Master Corcoran awarded Petitioner $200,000.00 for actual pain and suffering and $15,938.25 for unreimbursed expenses, totaling $215,938.25. The award considered the severity and duration of her injury, which included extensive treatment over three years, 79 physical therapy sessions, three steroid injections, five laser treatments, two joint injections, two shoulder MRI scans, and two separate arthroscopic surgeries.

Petitioner's medical records indicated initial symptoms of constant, worsening right shoulder pain that interfered with her ability to work and drive, with decreased range of motion. Her first surgery was on March 1, 2019, for right shoulder impingement, AC joint arthritis, and subacromial bursitis, but it did not fully resolve the pain.

She underwent a second surgery on November 13, 2020, for right shoulder impingement, rotator cuff inflammation, subacromial bursitis, and adhesions. Petitioner also experienced depression due to chronic pain and was unable to engage with her young children.

The Special Master considered prior SIRVA cases in determining the award, finding Petitioner's case comparable to others involving two surgical interventions. The award was issued as a check payable to Petitioner.