Elaine Montana v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2024)

Elaine Montana, an adult, received an influenza vaccine on November 21, 2017. Within days, she developed pain and stiffness in her left shoulder that became severe, limiting her range of motion and ability to perform daily activities.

She was diagnosed with Shoulder Injury Related to Vaccine Administration (SIRVA). Montana submitted medical records documenting her symptoms, including MRIs showing rotator cuff tears and inflammation in her left shoulder, and her own affidavit detailing the onset and progression of her pain.

She also provided affidavits from her long-term partner and a former co-worker. The respondent initially challenged the timing of her symptom onset, but ultimately did not contest entitlement.

The court found that Montana's injury qualified as a Table Injury under the Vaccine Injury Table, presuming causation. The case proceeded to damages, and the parties stipulated to an award.

Special Master Horner awarded Montana $73,704.50, comprising $72,500.00 for pain and suffering and $1,204.50 for past unreimbursable expenses.