Sharon Issertell v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Sharon Issertell filed a petition for compensation under the National Vaccine Injury Compensation Program on January 29, 2020, alleging that an influenza vaccine administered on November 22, 2017, caused her to develop a Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent, Secretary of Health and Human Services, filed a Rule 4(c) report on June 24, 2021, conceding entitlement to compensation.
The respondent agreed that Ms. Issertell's claim met the Table criteria for SIRVA and that her injury was vaccine-related, noting she had no prior history of shoulder pain, experienced onset of pain within 48 hours of vaccination, her pain was limited to the vaccinated shoulder, and no other condition explained her symptoms.
The case proceeded to a damages determination because the parties could not agree on the compensation amount. Ms.
Issertell requested $125,000 for pain and suffering, citing comparable SIRVA cases. The respondent proposed an award of $82,500, arguing that her recovery was good post-surgery and that some symptoms might be age-related degenerative changes.
Chief Special Master Brian H. Corcoran presided over the proceedings.
In a decision dated May 17, 2022, Chief Special Master Corcoran awarded Ms. Issertell $112,500.00 for actual pain and suffering.
The Special Master considered the duration and severity of her injury, noting that while she experienced periods of relief, her pain returned with normal activities and persisted for ten months, necessitating surgery. The Special Master reviewed the medical records, which detailed her treatment history including visits to her primary care physician, an orthopedist, chiropractors, acupuncturists, and physical therapists.
The records indicated that her left shoulder pain began within hours of the flu shot and was severe enough to warrant rotator cuff repair surgery. The Special Master found that while degenerative changes were noted on imaging and during surgery, Ms.
Issertell was asymptomatic prior to vaccination, and the vaccine injury was the cause of her persistent symptoms. The award was determined by comparing her case to prior SIRVA decisions, specifically referencing Berge and Wilt, and considering the objective medical evidence, her treatment course, and the duration and severity of her pain.
Petitioner counsel was Paul R. Brazil of Muller Brazil, LLP, and respondent counsel was Catherine Elizabeth Stolar of the U.S.
Department of Justice.
Theory of causation
Petitioner Sharon Issertell, age 61, received an influenza vaccine on November 22, 2017. She alleged that this vaccination caused Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent conceded entitlement, agreeing that the claim met the Table criteria for SIRVA, including onset of pain within 48 hours, localized pain to the vaccinated shoulder, and no prior history of shoulder issues. The parties disputed damages. Petitioner sought $125,000, citing SIRVA cases Berge, Reynolds, and Smith. Respondent proposed $82,500, arguing for less severity and impact of age-related changes. Chief Special Master Brian H. Corcoran awarded $112,500 for pain and suffering on June 24, 2022. The Special Master found the injury lasted ten months, required surgery (rotator cuff repair), and conservative treatments were ineffective. While degenerative findings were present, Petitioner was asymptomatic prior to vaccination. The award was informed by comparable cases, particularly Berge ($115,000) and Wilt ($110,000), reflecting the injury's duration, severity, and surgical intervention. Petitioner counsel: Paul R. Brazil. Respondent counsel: Catherine Elizabeth Stolar.
Source PDFs
USCOURTS-cofc-1_20-vv-00099