Helen Anglewicz v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Helen Anglewicz, a 61-year-old adult, filed a petition for compensation under the National Vaccine Injury Compensation Program on October 30, 2020. She alleged that after receiving an influenza vaccine on September 16, 2019, she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA), a condition listed on the Vaccine Injury Table.

The case was initially handled in the Special Processing Unit (SPU). The respondent initially disputed whether the onset of pain occurred within 48 hours and whether the pain was limited to the shoulder.

However, after briefing on entitlement, Chief Special Master Brian H. Corcoran found that Petitioner was entitled to compensation for a Table SIRVA in a ruling dated August 2, 2023.

The resolution of damages was deferred to allow parties to attempt informal resolution, but they were unable to reach a settlement. The case was then transferred out of SPU for further proceedings.

On February 8, 2024, Chief Special Master Corcoran issued a decision awarding damages. The public decision does not name petitioner counsel or respondent counsel.

The medical records indicate that Ms. Anglewicz received the flu vaccine in her right arm on September 16, 2019.

On September 18, 2019, she presented for a pneumonia vaccine, and while the flu vaccine was mentioned, no complaints or findings related to her right arm were recorded. On October 11, 2019, she reported arm pain and limited range of motion in her right arm since the flu shot, with pain radiating down her arm, starting as soon as she received the injection.

She was prescribed steroids. By October 29, 2019, her pain had slightly improved, but she still had limited range of motion and pain on movement of her right shoulder.

She was referred to orthopedics. On November 8, 2019, an orthopedic PA noted pain since the flu shot, rated 5-6/10, and positive impingement signs.

An X-ray was unremarkable, and she received a steroid injection with excellent pain relief. She was recommended activity modification and physical therapy.

Follow-up on December 19, 2019, showed improved symptoms. On February 3, 2020, an orthopedic surgeon noted pain rated 7/10, decreased range of motion, positive impingement tests, and assessed bursitis and adhesive capsulitis, suggesting the flu shot may have aggravated the muscle.

A steroid injection did not help. An MRI on February 20, 2020, showed a complete supraspinatus tendon tear and mild osteoarthritis.

On March 9, 2020, her condition had not changed, and the assessment was updated to include a complete rotator cuff tear and a bone spur. She underwent surgery on March 20, 2020, for acromioplasty, ligament release, Mumford procedure, and bursa excision.

Post-surgery, she was prescribed pain medication. By April 21, 2020, her pain was rated 3/10, with limited range of motion, and she was doing home exercises.

She began formal physical therapy on April 24, 2020, but expressed concerns about COVID-19 and spaced out sessions. By May 19, 2020, her pain was rated 5/10, with normal range of motion.

She was discharged from physical therapy on July 21, 2020, with her pain having subsided, though she still had difficulty reaching overhead. She was advised to continue home exercises.

Further primary care encounters did not address shoulder complaints until January 5, 2022, when she sought a referral for right shoulder/upper arm pain. She attended physical therapy from January to March 2022.

On April 26, 2022, an orthopedist noted right shoulder pain present for "6 months, 2 years" with a recurrence, assessing early arthritis and post-surgical tightness, and administered a steroid injection. The Special Master found that the Petitioner's injury met the criteria for a Table SIRVA, including onset of pain within 48 hours and pain limited to the shoulder, despite radiating pain down the arm, which was considered part of the shoulder pain.

The claim for lost wages was denied due to insufficient evidence and potential confounding factors like the COVID-19 pandemic. The Special Master awarded Helen Anglewicz $134,085.12, comprising $130,000.00 for pain and suffering and $4,085.12 for unreimbursable expenses.

The decision date for the damages award was February 8, 2024.