Dorris Lund v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
On November 20, 2020, Dorris Lund filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine administered on October 24, 2018, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). The case was assigned to the Special Processing Unit.
Respondent initially opposed compensation, arguing that Ms. Lund did not meet the six-month severity requirement.
Ms. Lund filed a motion for a ruling on the record, asserting that she met the Table Claim requirements for SIRVA and the severity requirement.
Respondent opposed this motion. The public decision does not describe the specific onset of symptoms, diagnostic tests, or treatments beyond physical therapy and a manipulation with injection.
Petitioner's counsel was Leigh Finfer of Muller Brazil, LLP, and respondent's counsel was Emily Manoso of the U.S. Department of Justice.
Chief Special Master Brian H. Corcoran presided over the case.
In a ruling on entitlement dated April 25, 2023, Chief Special Master Corcoran found that Ms. Lund met the Table Claim requirements for SIRVA, including no prior history of shoulder issues, pain onset within 48 hours of vaccination, pain limited to the right shoulder, and no other condition explaining the symptoms.
The ruling also found that Ms. Lund met the severity requirement, demonstrating residual effects for more than six months, despite some gaps in treatment and mildness of the injury.
On May 17, 2023, the parties filed a proffer on the award of compensation, agreeing to a stipulated amount. On June 21, 2023, Chief Special Master Corcoran issued a decision awarding Ms.
Lund a lump sum payment of $94,500.00 for all elements of compensation.
Theory of causation
Petitioner Dorris Lund filed a petition alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on October 24, 2018. The case was handled by Chief Special Master Brian H. Corcoran, with Leigh Finfer representing the petitioner and Emily Manoso representing the respondent. The theory of causation relied on the Vaccine Injury Table for SIRVA. Petitioner argued she met the Table requirements and the six-month severity requirement. Respondent initially contested the severity requirement, arguing the injury did not persist for six months. The Special Master found that Petitioner met all criteria for a Table SIRVA: no prior history of shoulder issues, pain onset within 48 hours of vaccination, pain limited to the right shoulder, and no other condition explaining the symptoms. The Special Master also found that Petitioner met the six-month severity requirement, with residual effects continuing at least through April 24, 2019, based on medical records and Petitioner's own statements linking the pain to the vaccination. The parties stipulated to an award of $94,500.00, which was issued as a lump sum payment on June 21, 2023.