Donna Proctor v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)

Filed 2020-09-21Decided 2025-04-14Vaccine Influenza
compensated$62,356

Case summary [AI summaries can sometimes make mistakes]

On September 21, 2020, Donna Proctor filed a petition alleging that an influenza vaccination administered on September 23, 2017 caused a shoulder injury related to vaccine administration. She was 57 years old at vaccination.

The entitlement record contained a real dispute over whether the claim met the SIRVA Table requirements. Ms.

Proctor did not seek treatment until January 25, 2018, when a neurologist recorded left arm pain along with bilateral upper-extremity dysesthesias, tremor, and malaise. On February 8, 2018, a primary-care note linked left arm pain to the flu shot; a February 13, 2018 physical-therapy record and March 9 and May 23, 2018 primary-care visits also recorded left arm or shoulder pain after vaccination.

A November 29, 2018 MRI was unremarkable. Chief Special Master Corcoran distinguished shoulder-limited SIRVA symptoms from tremor and radiating symptoms that appeared related to other issues, including elevated thyroid level, and found that the Table criteria were met.

Entitlement was granted on August 23, 2024. Damages were resolved by proffer.

On April 14, 2025, the Chief Special Master awarded $62,356.88 as a lump sum through counsel, consisting of $55,000.00 for pain and suffering and $7,356.88 for past unreimbursable expenses. A later fee decision was separate from the injury award.

Theory of causation

Adult petitioner, age 57; influenza vaccine September 23, 2017; Table SIRVA. COMPENSATED. Entitlement dispute involved treatment delay and whether symptoms were shoulder-limited; records from Jan-May 2018 documented left arm/shoulder pain after flu shot, while tremor/radiating symptoms were distinguished from SIRVA and thyroid issues noted. MRI Nov. 29, 2018 unremarkable. Chief SM Corcoran granted entitlement Aug. 23, 2024. Damages Apr. 14, 2025: $62,356.88 = $55,000.00 pain/suffering + $7,356.88 expenses. Counsel: John Robert Howie.

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