Anne Mishica v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2024)

On March 6, 2020, Anne Mishica filed a petition alleging that an influenza vaccination administered on October 9, 2018 caused a right shoulder injury related to vaccine administration. She reported pain within two hours of the shot and, the next day, told a phlebotomist about the pain and asked that blood be drawn from the other arm.

The case first moved through the Special Processing Unit, then into litigation after respondent recommended against compensation. After Ms.

Mishica filed expert support, respondent amended the Rule 4 report and conceded a Table SIRVA. Special Master Daniel T.

Horner entered entitlement on August 29, 2023. The damages decision tells the clinical story in more detail.

On October 27, 2018, orthopedist Dr. Michael Cuenca recorded severe right shoulder pain, overhead difficulty, positive Neer and Hawkins testing, and mild weakness; he administered a subacromial steroid injection.

A January 2019 ultrasound showed no rotator cuff tear, while a January 2019 MRI arthrogram showed mild degenerative arthrosis and a possible small SLAP lesion. In March 2019, a glenohumeral injection produced immediate improvement.

Her treatment was affected by possible pregnancy and later pregnancy, and she described the injury as especially disruptive because she was a nurse and had prior right-shoulder surgery experience. Ms.

Mishica later had additional PT and orthopedic evaluation. A June 2023 MRI showed mild tendinopathy, partial supraspinatus tearing, AC degenerative changes, and probable SLAP tearing, but her most recent treating records favored further conservative care rather than surgery.

Special Master Horner awarded $95,000 for actual pain and suffering on December 16, 2024, but denied a future pain-and-suffering component because future surgery was not shown to be more likely than not.