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

Michelle Horky filed a petition for compensation under the National Vaccine Injury Compensation Program on March 3, 2020, alleging a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on December 5, 2018. Ms.

Horky, who was 57 years old at the time of vaccination, reported experiencing pain in her left shoulder that radiated to her elbow, beginning within 13 days of receiving the vaccine. Her medical history included diagnoses of tendinitis and impingement syndrome, multiple cortisone injections, and physical therapy.

Approximately six months after vaccination, she underwent arthroscopic surgery on her left shoulder. Her pain improved post-surgery, and by nine months after vaccination, she reported no pain at rest and full range of motion, with no further treatment sought for her shoulder after that point.

The respondent conceded that Ms. Horky was entitled to compensation under the Vaccine Injury Table for SIRVA, stating she met the criteria for SIRVA, including having no prior history of shoulder pain, experiencing pain within 48 hours of an intramuscular vaccination, pain limited to the vaccinated shoulder, and no other identified condition explaining her symptoms.

The parties were unable to agree on the amount of damages, leading to a decision by Chief Special Master Brian H. Corcoran.

After reviewing the medical records, affidavits, and arguments from both parties, and considering prior SIRVA cases, Chief Special Master Corcoran awarded Ms. Horky $101,287.29.

This award comprised $100,000.00 for pain and suffering and $1,287.29 for unreimbursable medical expenses. Petitioner was represented by Leigh Finfer of Muller Brazil, LLP, and Respondent was represented by Ronalda Elnetta Kosh of the U.S.

Department of Justice.