Amy McCallum v. HHS - Meningococcal, shoulder injury related to vaccine administration (SIRVA) (2023)

Amy McCallum filed a petition for compensation under the National Vaccine Injury Compensation Program on December 13, 2019, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from a meningococcal vaccine administered on September 20, 2018. She also received a pneumococcal vaccine, a Hib vaccine, and a Tdap vaccine on the same date.

The respondent, the Secretary of Health and Human Services, initially challenged the claim, arguing that the six-month severity requirement for a Table SIRVA injury could not be met. Following briefing, Chief Special Master Brian H.

Corcoran issued a ruling on entitlement on November 2, 2022. The Special Master found that Ms.

McCallum satisfied the six-month sequelae requirement and other criteria for a Table SIRVA injury, thus entitling her to compensation. The decision detailed Ms.

McCallum's medical history, including prior treatment for abdominal pain and sacroiliac joint pain, and her subsequent development of left shoulder pain after the vaccinations. The medical records showed initial improvement with physical therapy by December 2018, but a return of pain and decreased range of motion by March and April 2019, which the Special Master found, by a narrow margin, met the six-month severity requirement.

The Special Master noted that while workplace activities may have exacerbated her pain, this did not negate the underlying SIRVA. A subsequent damages decision was issued on January 24, 2023.

Based on a proffer from the respondent, to which Ms. McCallum agreed, the Special Master awarded a lump sum payment of $22,500.00 for pain and suffering damages.

Ms. McCallum was identified as a competent adult, and the award was to be paid via check.