Patricia Alex Freeman v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2022)

Patricia Alex Freeman filed a petition for compensation under the National Vaccine Injury Compensation Program on February 26, 2020, alleging a "Shoulder Injury Related to Vaccine Administration" (SIRVA) in her left shoulder after receiving an influenza vaccine on October 4, 2018. She also alleged that her injury met the statutory six-month severity requirement.

Ms. Freeman was almost 77 years old at the time of vaccination.

Her prior medical history included arthritis, osteoporosis, carpal tunnel syndrome, and giant cell arteritis. Medical records indicated left shoulder pain and limited range of motion starting in November 2018, approximately two weeks after vaccination.

However, the records also showed significant complaints of leg and knee pain, and difficulty walking, which predated the vaccination and continued to be primary complaints. The respondent argued that Ms.

Freeman failed to demonstrate the required six-month severity of her alleged SIRVA injury, noting a lack of medical records after February 27, 2019, which was less than six months post-vaccination. Ms.

Freeman relied on personal journal entries to support her claim of continued pain. The Special Master reviewed the medical records and the journal entries.

The medical records showed that while left shoulder pain was present from October 2018 through February 2019, it was often accompanied by pain in other areas, and her leg and knee pain remained the primary complaint. The records indicated that her shoulder pain improved with physical therapy, with only residual shoulder and neck pain noted as of February 27, 2019.

The Special Master found that the journal entries from January through February 2019, which described severe neck and shoulder pain, did not align with the contemporaneous medical records. Furthermore, the journal entries from January through July 2019, which described significant neck, shoulder, and arm pain, were not corroborated by any medical records filed after February 27, 2019.

The Special Master concluded that Ms. Freeman could not preponderantly establish the required six-month severity of her alleged SIRVA injury, nor did she demonstrate an in-hospital surgical intervention.

The case was dismissed for failure to prosecute. Chief Special Master Brian H.

Corcoran issued the decision on May 31, 2022. Petitioner was represented by Douglas Lee Burdette, and Respondent was represented by James Vincent Lopez.