Holly F. Kahler v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Holly F. Kahler filed a petition for compensation on December 20, 2019, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) caused by an influenza vaccine administered on October 4, 2018.

Petitioner, who was 41 years old at the time of vaccination, reported experiencing sharp pain in her left shoulder approximately six weeks after the vaccination, which radiated down her arm and was accompanied by numbness and tingling in her hand. The respondent, the Secretary of Health and Human Services, initially contested entitlement, arguing that Petitioner's pain was not limited to her shoulder and that a mononeuropathy of the wrist could explain her symptoms.

Petitioner sought an award of at least $75,000.00 for pain and suffering, plus $438.90 for past unreimbursed expenses. The respondent proposed an award of $45,500.00 for pain and suffering and $314.59 for expenses.

After reviewing the medical records, which included visits to physical therapists, a sports medicine specialist, and her primary care physician, Chief Special Master Brian H. Corcoran found that Petitioner met the criteria for a Table SIRVA.

The Special Master determined that Petitioner had no prior history of shoulder issues, that her pain onset occurred within 48 hours of vaccination, and that her pain was primarily limited to her left shoulder, despite some reports of radiating pain down her arm and into her hand. The Special Master also found that there was no other condition or abnormality that would explain her symptoms, specifically addressing the respondent's argument regarding a mild median mononeuropathy of the left wrist, and concluding that this condition did not explain the shoulder pain.

The Special Master determined that Petitioner's injury persisted for approximately sixteen months, satisfying the six-month severity requirement. In determining damages, the Special Master awarded Petitioner $70,000.00 for actual pain and suffering and $438.90 for past unreimbursed expenses, totaling $70,438.90.

The Special Master noted that while Petitioner's injury was significant, the award was tempered by gaps in treatment and the overall mildness of the injury, distinguishing it from more severe SIRVA cases. Petitioner was represented by Jessica Olins of Maglio Christopher & Toale, PA, and the respondent was represented by Camille Michelle Collett of the U.S.

Department of Justice.