Renee Majerus v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

Renee Majerus, a 42-year-old adult, filed a petition for compensation under the National Vaccine Injury Compensation Program on October 8, 2020. She alleged that she sustained a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on October 11, 2017.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 6, 2022, conceding that Ms. Majerus was entitled to compensation.

The respondent agreed that she met the criteria set forth in the Vaccine Injury Table for SIRVA, including timely filing, receiving the vaccine in the United States, and experiencing residual effects for more than six months. A ruling on entitlement was issued on June 7, 2022, finding Ms.

Majerus entitled to compensation. Although entitlement was conceded, the parties could not agree on damages, leading to a "Motions Day" proceeding.

The decision awarding damages was issued on July 17, 2023. Ms.

Majerus's medical history indicated that she received an influenza vaccine in her right deltoid on October 11, 2017. Within two weeks, she developed right shoulder pain, diagnosed as rotator cuff tendonitis/bursitis.

Her pain worsened, and an MRI on December 20, 2017, revealed severe tendinitis and a partial tear of the infraspinatus tendon, with bone marrow edema and fluid in the subacromial/subdeltoid bursa. She underwent a steroid injection and began physical therapy, but did not immediately start PT sessions due to difficulties with a workers' compensation claim.

An independent medical evaluation on May 22, 2018, questioned the relationship between the injection and the rotator cuff findings. Ms.

Majerus continued to experience pain and limited range of motion. Her condition impacted her employment, leading her to resign from her ICU nursing position and take a lighter duty role.

She eventually underwent arthroscopic shoulder surgery on November 5, 2019, for subacromial decompression, acromioplasty, debridement of a partial thickness rotator cuff tear, and distal clavicle excision. Post-surgery, she attended 31 physical therapy sessions.

By April 6, 2020, five months after surgery, her pain was rated at 0/10, and she was advised she could resume full activities. On May 6, 2020, she reported improvement but still experienced weakness.

The Special Master considered the severity and duration of Ms. Majerus's suffering, noting the delay in treatment due to her workers' compensation claim, which the Special Master found to have involuntarily increased and prolonged her suffering.

The Special Master awarded Ms. Majerus $135,000.00 for actual pain and suffering.

This award considered the moderately severe nature of the SIRVA case involving surgery, the two-and-a-half-year overall course of treatment, and the impact on her employment and family life, while also noting that no lost wages claim was made. The award was a lump sum payment.

Chief Special Master Brian H. Corcoran issued the ruling on entitlement and the decision awarding damages.

Petitioner was represented by Howard Dale Mishkind of Mishkind Law Firm Co., L.P.A. and later Mishkind Kulwicki Law Co., L.P.A. Respondent was represented by Benjamin Patrick Warder of the U.S.

Department of Justice.