Jody Bidlack v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2023)

Jody Bidlack filed a petition for compensation under the National Vaccine Injury Compensation Program on January 28, 2020, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine administered on December 30, 2017. The case was assigned to the Special Processing Unit.

Petitioner was 55 years old at the time of vaccination. She reported experiencing pain and stiffness in her right shoulder the day after the vaccination.

She contacted her doctor in January 2018, who advised her to wait and see if symptoms worsened. Several weeks after vaccination, in January 2018, Petitioner fell on ice, landing on her right hip, but stated her shoulder was not impacted.

On February 7, 2018, she presented to her primary care physician, Dr. Mark L.

Mahloch, who noted pain immediately after the flu shot and worsening symptoms after the fall. Dr.

Mahloch diagnosed a rotator cuff injury and likely a first-degree AC separation, prescribing a Medrol dosepak and referring her to physical therapy. Petitioner did not begin physical therapy at that time.

On May 29, 2018, she followed up with Dr. Patrick J.

McCarville, reporting that her shoulder pain began within 24 hours of immunization and had not improved. Dr.

McCarville diagnosed immunization-induced adhesive capsulitis and referred her to physical therapy. Petitioner began physical therapy on June 6, 2018, reporting constant pain that increased with movement.

After five sessions through June 18, 2018, her shoulder motion did not increase much and pain persisted. On June 20, 2018, Dr.

McCarville referred her to an orthopedist. She presented to orthopedist Dr.

Hsueh-Yu Wesley Cheng on June 25, 2018, reporting pain since her flu shot and no relief from previous treatments. Dr.

Cheng assessed adhesive capsulitis and performed a manipulation under anesthesia on July 11, 2018. Petitioner underwent 15 post-surgery physical therapy treatments, but was discharged due to exhausted insurance benefits.

She continued to experience pain, requiring two cortisone injections in January 2019. Petitioner stated that over two years later, she continued to have pain and reduced strength, was unable to work on her farm without assistance, and had difficulty sleeping.

Respondent argued that a shoulder sprain from the fall explained her symptoms. Chief Special Master Brian H.

Corcoran found that Petitioner met all the criteria for a Table SIRVA claim. He noted that while Dr.

Mahloch initially assessed a possible AC separation, subsequent treating physicians did not mention a shoulder separation or sprain, and consistently linked Petitioner's symptoms to the vaccination. Petitioner's and her husband's testimony was consistent with the medical records, describing the fall as minor and primarily affecting her hip, and noting shoulder pain prior to the fall.

The Special Master found that the evidence preponderated in favor of a vaccine-related SIRVA. Petitioner was awarded $101,811.07, consisting of $100,000.00 for pain and suffering, $1,220.63 for unreimbursed expenses, and $590.44 for lost wages.

Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and Respondent was represented by Zoe Wade of the U.S. Department of Justice.