Casey R. Morgan v. HHS - Meningococcal, shoulder injury related to vaccine administration (SIRVA) (2022)

On September 29, 2020, Casey R. Morgan filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging a shoulder injury related to vaccine administration (SIRVA) following a Meningococcal B vaccination received on July 5, 2019.

The case was assigned to the Special Processing Unit. On December 29, 2021, the Respondent, the Secretary of Health and Human Services, filed a report conceding entitlement to compensation.

The Respondent agreed that Petitioner had no prior shoulder issues, that his pain was limited to the injection site, occurred within 48 hours of vaccination, and that no other condition explained the pain. The Respondent also agreed that Petitioner suffered residual effects for more than six months.

Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on December 29, 2021, finding Petitioner entitled to compensation.

The parties were unable to resolve damages informally, leading to a damages decision. Petitioner sought $75,763.40, including $74,000.00 for pain and suffering and $1,458.09 for past expenses.

Petitioner argued for a higher award based on the immediate and severe nature of his pain, significant limitations in range of motion, his young age (21), and lack of prior shoulder issues. He noted continued pain and limitations for over four months post-vaccination and pursued physical therapy for more than six months.

Petitioner compared his case to those in Sherbine and Garrett. Respondent proposed $45,000.00 for pain and suffering and $1,308.09 for past unreimbursed expenses, arguing that Petitioner had returned to full activity by February 2020 and that a December 2019 MRI showed no structural damage.

Respondent compared Petitioner's case to Ramos. Chief Special Master Corcoran reviewed the medical records, Petitioner's affidavit, and arguments from both parties.

He noted that Petitioner experienced immediate and severe pain with movement, with pain levels ranging from two to ten, and significant limitations in range of motion. An MRI two weeks post-vaccination showed inflammation.

However, the Special Master also noted Petitioner's significant improvement during physical therapy in October and November 2019, a normal MRI in December 2019, and the ability to perform full activity without much pain by mid-February 2020, including bench pressing. The Special Master found Petitioner's affidavit inconsistent with the medical records regarding the severity and duration of his symptoms, particularly concerning the cessation of treatment due to the COVID pandemic.

Comparing Petitioner's case to Sherbine and Garrett, the Special Master found Petitioner's pain and suffering compensation should be lower than Sherbine's $75,000.00 award and closer to, but lower than, Garrett's $70,000.00 award. The Special Master found the Dagen case, where the petitioner received $65,000.00, to be a more substantial comparison.

Ultimately, Chief Special Master Corcoran awarded $63,000.00 for pain and suffering and $1,308.09 for past unreimbursable expenses, totaling $64,308.09. Compensation for a $150.00 purchase and mileage was denied due to insufficient documentation.

The decision was issued on October 3, 2022.