Sarah Eichorn v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

On February 14, 2020, Sarah Eichorn filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine she received on October 25, 2018. Ms.

Eichorn, a 38-year-old ICU nurse, reported that within four days of the vaccination, administered in her right deltoid, she experienced pain and reduced range of motion in her right shoulder. She sought medical attention on October 29, 2018, reporting that the injection "didn't feel right" and that she had difficulty with activities of daily living and sleeping on her right side.

Her initial physical examination revealed positive tests for shoulder injury. She was diagnosed with a work-related SIRVA, prescribed medication, and received her first steroid injection.

Although she showed improvement, her symptoms returned, and she received a second steroid injection on March 25, 2019. She underwent physical therapy multiple times between December 2018 and July 2019.

An MRI on December 28, 2018, revealed mild infraspinatus tendinopathy, with the constellation of findings potentially reflecting sequelae of the flu shot. She was referred to orthopedics due to lack of improvement.

By October 31, 2019, her orthopedic specialist, Dr. Kyle Galles, indicated she was 95% back to normal and had reached maximum medical improvement, though he noted mild stiffness and discomfort.

As part of a workers' compensation claim, Dr. Galles opined on November 14, 2019, that Ms.

Eichorn had a 6% permanent impairment of her right upper extremity. The respondent conceded entitlement to compensation, agreeing that Ms.

Eichorn met the criteria for a Table injury. The parties could not agree on the amount of damages, leading to a decision by Chief Special Master Brian H.

Corcoran on December 8, 2023. The Special Master awarded Ms.

Eichorn $78,000.00 for past pain and suffering and $7,259.62 for future pain and suffering, totaling $85,259.62. This award was based on the finding that Ms.

Eichorn experienced a generally mild-to-moderate course of SIRVA, lasting approximately one year, with a documented 6% permanent impairment, but no surgery. The future pain and suffering award was calculated at $250.00 per year, discounted to net present value over her estimated life expectancy of 42.5 years, using a tiered discount rate agreed upon by the parties.