Dianne Rice-Hansen v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

On October 7, 2020, Dianne Rice-Hansen filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on September 7, 2018. Petitioner, a 55-year-old transportation technician, stated that she experienced immediate pain during the vaccination and that her left shoulder became very sore by the end of that day, with the pain worsening over the weekend.

Her symptoms included severe left shoulder pain, reduced range of motion, and interference with daily activities, sleep, and work. The public decision does not describe the specific location of the vaccination beyond it being in her left deltoid.

Petitioner's extensive treatment course spanned over two years and included multiple courses of physical therapy (40 sessions), a corticosteroid injection, arthroscopic surgery, and a manipulation under anesthesia (MUA) requiring general anesthesia. She also experienced pain and stiffness that interfered with daily activities, sleep, and work.

The respondent filed a Rule 4(c) report on February 17, 2022, conceding entitlement and agreeing that Petitioner's symptoms met the criteria for a Table injury. A Ruling on Entitlement was entered on February 22, 2022.

The parties subsequently reached an impasse regarding damages, leading to a decision by Chief Special Master Brian H. Corcoran.

Petitioner requested $185,000.00 for pain and suffering, citing her lengthy treatment, including surgery and MUA, and the impact on her quality of life. Respondent proposed $137,500.00, arguing her treatment was less extensive than in comparable cases.

Chief Special Master Corcoran found that Petitioner's case was comparable to M.W. v. Sec'y of Health & Human Servs. and Pruitt v.

Sec'y of Health & Human Servs., but noted that her injury and treatment course were on the more serious side, involving an arthroscopic surgery and MUA over 26 months. He determined that while her treatment was serious and involved significant pain requiring general anesthesia for the MUA, it was less extensive than in some comparable cases involving two surgical procedures.

The Special Master awarded Dianne Rice-Hansen a total of $180,752.68, comprising $175,000.00 for pain and suffering and $5,752.68 for past unreimbursable expenses. The decision was issued on January 17, 2023.

Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and Respondent was represented by Kyle Edward Pozza of the U.S. Department of Justice.

The public decision does not name any medical experts or detail the specific mechanism of injury beyond it being a SIRVA.