CaSaundra Mullen v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
CaSaundra Mullen filed a petition for compensation under the National Vaccine Injury Compensation Program on December 3, 2020, alleging a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination received on September 21, 2018. The respondent, the Secretary of Health and Human Services, initially argued that Ms.
Mullen could not meet the program's six-month severity requirement for her injury. The public decision does not describe the specific symptoms or onset of the injury beyond that it occurred after the vaccination.
Ms. Mullen sought treatment approximately 23 days after the vaccination for pain and inability to use her arm, receiving a diagnosis of SIRVA.
She was prescribed medication, received a steroid injection, and was referred to physical therapy. Further treatment included a manipulation under anesthesia and continued physical therapy.
The public text indicates a gap in treatment from December 2018 to December 2019, during which Ms. Mullen sought care for other medical issues and cited financial constraints.
Despite this gap, the Chief Special Master, Brian H. Corcoran, found that Ms.
Mullen's symptoms continued for more than six months, satisfying the severity requirement for a Table SIRVA claim. The respondent conceded that Petitioner satisfied the criteria for SIRVA.
On January 16, 2024, the respondent filed a proffer on the award of compensation, proposing a total award of $96,172.78, consisting of $95,000.00 for pain and suffering and $1,172.78 for past unreimbursed expenses. Ms.
Mullen agreed with this proffered award. On February 20, 2024, Chief Special Master Corcoran issued a decision awarding Ms.
Mullen the lump sum payment of $96,172.78. Petitioner's counsel was Ronald Craig Homer, and Respondent's counsel was Austin Joel Egan.
Theory of causation
CaSaundra Mullen, vaccinated on September 21, 2018, with an influenza vaccine, filed a petition alleging a Shoulder Injury Related to Vaccine Administration (SIRVA). The case was adjudicated under the "Table SIRVA" criteria, meaning specific causation did not need to be proven if the injury met the Table's requirements and the statutory six-month duration of residual effects. Respondent conceded Petitioner met the Table criteria for SIRVA. Petitioner's medical records indicated treatment for SIRVA starting approximately 23 days post-vaccination, including medication, a steroid injection, manipulation under anesthesia, and physical therapy. Despite a treatment gap from December 2018 to December 2019, Petitioner's own statements and medical records from January 8, 2019, indicated continued pain and stiffness inhibiting daily function, and her orthopedist anticipated symptoms would likely continue for at least another one to two months, supporting the statutory six-month severity requirement. The Chief Special Master, Brian H. Corcoran, found Petitioner satisfied the six-month severity requirement, entitling her to compensation. The award was stipulated by the parties on January 16, 2024, and finalized on February 20, 2024, with a lump sum payment of $96,172.78 ($95,000.00 for pain and suffering, $1,172.78 for past unreimbursed expenses). Petitioner's counsel was Ronald Craig Homer, and Respondent's counsel was Austin Joel Egan.