{"package_id":"USCOURTS-cofc-1_20-vv-01246","decision_granule_id":"USCOURTS-cofc-1_20-vv-01246-1","petitioner_identifier":"Kara Couch","is_minor":0,"age_at_vaccination":35.0,"age_unit_raw":"years","vaccine_type":"influenza","vaccination_date":"2019-09-24","condition_raw":"shoulder injury related to vaccine administration (SIRVA)","condition_category":"SIRVA","autism_spectrum_adjacent":0,"outcome":"compensated","award_amount_usd":55088,"decision_date":"2022-09-23","extraction_version":"gemini-v2","extracted_at":"2026-04-30T05:21:12.320818+00:00","number_of_concurrent_vaccines":2,"dose_number":null,"time_to_onset_days":0,"theory_of_causation":"Kara Couch, age 35, received an influenza vaccine on September 24, 2019. She alleged a shoulder injury related to vaccine administration (SIRVA) as defined by the Vaccine Injury Table. The Special Master found that Petitioner's prior intermittent chest and shoulder pain, attributed to anxiety following her father's death in 2017, resolved by December 2017 and did not explain the post-vaccination left shoulder pain. The Special Master determined that Petitioner experienced the onset of left shoulder pain within 48 hours of vaccination, with pain increasing over subsequent hours, and that this pain persisted. Medical records documented tenderness, pain with movement, and deltoid atrophy, leading to an assessment of rotator cuff tendinitis and subacromial bursitis, later confirmed by MRI showing inflammation. The Special Master found that Petitioner met the Table requirements for SIRVA, including onset within 48 hours, residual effects lasting more than six months, and no civil action pursued. Petitioner was awarded $55,000.00 for pain and suffering and $88.38 for unreimbursed expenses, totaling $55,088.38. The public decision does not describe the specific mechanism of injury or name any medical experts. Petitioner was represented by John Robert Howie and Respondent by Alexa Roggenkamp. Chief Special Master Brian H. Corcoran issued the entitlement ruling on April 7, 2022, and the damages decision on August 24, 2022.","is_death":0,"date_of_death":null,"petition_filed_date":"2020-09-22","case_summary":"Kara Couch filed a petition for compensation under the National Vaccine Injury Compensation Program on September 22, 2020, alleging that an influenza vaccine administered on September 24, 2019, caused a shoulder injury related to vaccine administration (SIRVA). The petition was assigned to the Special Processing Unit. Respondent initially suggested the shoulder injury predated the vaccination. Petitioner filed a motion asserting that the SIRVA Table elements were satisfied, which the Special Master initially deemed premature but noted that pre-vaccination shoulder pain appeared temporally remote and unlikely to be fatal to the claim. Settlement discussions reached an impasse. Respondent filed a report opposing compensation, citing prior pain and onset issues. Petitioner filed a reply, and the matter proceeded to adjudication. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on April 7, 2022, finding that Petitioner's shoulder injury was not explained by her prior medical history, that she suffered the onset of shoulder pain within 48 hours of vaccination, and was otherwise entitled to compensation. The ruling noted that Petitioner, then 35 years old, had experienced intermittent chest and shoulder pain in the two years prior to vaccination, attributed to anxiety following her father's death. However, medical records indicated these symptoms resolved by December 2017 and did not recur in the 21 months leading up to the vaccination. Petitioner's post-vaccination pain was localized to her left shoulder and upper arm, persistent, and aggravated by movement, leading to an assessment of localized inflammation. The Special Master found no nexus between the prior pain and the post-vaccination injury. Regarding onset, the ruling acknowledged a medical encounter 14 days post-vaccination that did not mention shoulder pain, but this was for an annual gynecological exam and not expected to address musculoskeletal complaints. A 15-week delay before seeking treatment was noted but did not disprove onset, as Petitioner explained she initially hoped the pain would resolve on its own. Witness affidavits corroborated that the pain began on the day of vaccination and persisted. The Special Master found that the vaccine was administered into the left deltoid, the pain and reduced range of motion were limited to the affected shoulder, residual effects lasted more than six months, and Petitioner had not pursued civil action. All requirements for entitlement under the Vaccine Act were met. Following the entitlement ruling, the parties could not agree on damages. Chief Special Master Corcoran issued a decision awarding damages on August 24, 2022. Petitioner argued for $55,000.00 for actual pain and suffering, citing comparable cases. Respondent argued for no more than $37,500.00, finding Petitioner's experience most analogous to another case but less severe. The Special Master awarded Kara Couch $55,000.00 for actual pain and suffering and $88.38 for unreimbursed expenses, totaling $55,088.38. The decision noted that the injury was considered mild overall, with improvement within the first year after vaccination. The delay in seeking treatment was attributed to the emerging COVID-19 pandemic, which the Special Master found to be a reasonable explanation for Petitioner's choice to perform home-based physical therapy rather than formal physical therapy, especially given the availability of a steroid injection and home exercises. The Special Master found Petitioner's case comparable to prior cases where similar awards were made, considering the initial treatment delay, the course of treatment including a steroid injection and MRI, and the recovery within the first year. Petitioner was represented by John Robert Howie of Howie Law, PC, and Respondent was represented by Alexa Roggenkamp of the U.S. Department of Justice. Chief Special Master Brian H. Corcoran presided over the case.","is_minor_inferred":0,"is_pediatric_broad":0,"special_master":"Brian H. Corcoran","petitioner_identifier_original":null,"caption_petitioner_name":"Kara Couch","petitioner_attorney_name":"John Robert Howie","petitioner_attorney_firm":"Howie Law, PC","petitioner_attorney_location":"Dallas, TX","adjudicator_name":null,"caption_people_backfilled_at":"2026-05-05 23:44:34","attorney_canonical_keys":"|john-howie|","firm_canonical_key":"howie-law","package_title":"COUCH v. SECRETARY OF HEALTH AND HUMAN SERVICES","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01246","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01246.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-01246.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_20-vv-01246-0","title":"COUCH v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC ORDER/RULING (Originally filed: 04/07/2022) regarding 38 Ruling on Entitlement, Signed by Chief Special Master Brian H. Corcoran. 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(kle) Service on parties made.","date_issued":"2022-09-23","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_20-vv-01246/granules/USCOURTS-cofc-1_20-vv-01246-1/pdf","pdf_bytes":294708,"triage_decision":"keep","triage_reason":"docketText matches keep keyword 'decision of special master'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_20-vv-01246/USCOURTS-cofc-1_20-vv-01246-1"},{"granule_id":"USCOURTS-cofc-1_20-vv-01246-2","title":"COUCH v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 10/14/2022) regarding 54 DECISION of Special Master - Fees. Signed by Chief Special Master Brian H. Corcoran. (kle) Service on parties made.","date_issued":"2022-11-14","pdf_url":null,"pdf_bytes":null,"triage_decision":"skip","triage_reason":"fees-only decision (attorney compensation)","download_status":"skipped"}]}