Sarah Griffore v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2022)

Sarah Griffore filed a petition for compensation under the National Vaccine Injury Compensation Program on December 18, 2019, alleging that she received an influenza vaccine on January 31, 2019, and subsequently suffered a left shoulder injury related to vaccine administration (SIRVA). The respondent filed a Rule 4(c) report on June 11, 2021, conceding that Ms.

Griffore was entitled to compensation. The respondent agreed that her injury met the criteria set forth in the revised Vaccine Injury Table, which presumes causation for SIRVA under specific conditions, including no prior history of shoulder pain, onset of pain within 48 hours of vaccination, pain and reduced range of motion limited to the injection shoulder, and no apparent alternative cause.

The respondent also agreed that her residual effects lasted more than six months. A ruling on entitlement was issued on June 11, 2021, by Chief Special Master Brian H.

Corcoran. The parties later reported an impasse on the issue of damages, specifically pain and suffering.

In a decision awarding damages on May 19, 2022, Chief Special Master Brian H. Corcoran awarded Ms.

Griffore a total of $66,491.20. This amount included $65,000.00 for actual pain and suffering and $1,491.20 for past unreimbursable expenses.

The court found that while Ms. Griffore experienced pain and limitations, her treatment was conservative and her reported pain levels were not as severe as in cases that received higher awards.

The award was considered comparable to other SIRVA cases with similar treatment and outcomes, taking into account that her pregnancy and care for her newborn complicated her recovery. Petitioner was represented by David John Carney and David Carney of Green & Schafle LLC, and respondent was represented by Mollie Danielle Gorney and Catherine Stolar of the U.S.

Department of Justice.