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

On August 3, 2020, Tracy Sprinkle filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine administered on September 29, 2019, caused a right shoulder injury related to vaccine administration (SIRVA). Ms.

Sprinkle, a 60-year-old health insurance customer service representative, received the vaccine in her right shoulder. Her past medical history was unremarkable for shoulder issues.

Within 16 days of vaccination, she presented to an orthopedist with severe right shoulder pain, limited range of motion, and difficulty sleeping, rating her pain at 8-9/10. She received a corticosteroid injection, which provided only temporary relief.

A second injection was administered the following month, but she continued to experience pain and limitations. An MRI revealed a full thickness tear of the posterior supraspinatus tendon footprint, tendinosis, and bursitis.

Following a diagnosis of rotator cuff tear and subacromial bursitis, Ms. Sprinkle underwent arthroscopic surgery on February 19, 2020, which included bursal debridement, acromioplasty, and rotator cuff repair.

She began physical therapy on March 12, 2020, and was discharged from therapy by May 13, 2020, after completing 10 sessions. By May 8, 2020, she reported essentially zero pain.

By June 19, 2020, she reported being close to full use of her shoulder with some minor restrictions. The case proceeded as a Table claim.

On February 3, 2023, the Respondent filed an Amended Rule 4(c) report, stating that they did not contest entitlement, agreeing that the injury was consistent with SIRVA as defined by the Vaccine Injury Table and that Petitioner had satisfied the legal prerequisites for compensation. On February 6, 2023, Chief Special Master Brian H.

Corcoran issued a ruling on entitlement in favor of Petitioner. As the parties could not agree on damages, the matter was briefed for adjudication.

On August 15, 2024, Chief Special Master Brian H. Corcoran issued a decision awarding compensation.

Petitioner sought $115,000.00 for past pain and suffering, citing comparable cases with awards ranging from $110,000.00 to $115,000.00. Respondent argued that Petitioner's SIRVA was mild to moderate, with a relatively short treatment course and full pain relief achieved within two months of physical therapy post-surgery.

After considering the arguments, prior case law, and the record, Chief Special Master Corcoran awarded Ms. Sprinkle $105,000.00 for pain and suffering and $1,790.88 for unreimbursable medical expenses, for a total award of $106,790.88.

The award was a lump sum payment.