Theresa Copley-Smith v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
On December 4, 2020, Theresa Copley-Smith filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 23, 2019. Ms.
Copley-Smith, who was 62 years old at the time of vaccination, reported experiencing burning pain and decreased range of motion in her left shoulder within days of the injection. Medical records documented tenderness, an abnormal injury involving the infraspinatus with a partial tear, and edema.
She underwent a course of treatment that included physical therapy, steroid injections, and eventually arthroscopic surgery and manipulation under anesthesia of her left shoulder. The case proceeded as a Table claim.
The Special Master found that Ms. Copley-Smith met all criteria for a SIRVA, including onset within 48 hours of vaccination and no other condition explaining her symptoms, despite a history of diabetes.
The Special Master awarded Theresa Copley-Smith $116,000.00 for pain and suffering and $3,594.17 for past unreimbursable medical expenses, totaling $119,594.17. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and Respondent was represented by Naseem Kourosh of the U.S.
Department of Justice. The decision was issued by Chief Special Master Brian H.
Corcoran.
Theory of causation
Theresa Copley-Smith, age 62, received an influenza vaccine on October 23, 2019, and subsequently developed a shoulder injury related to vaccine administration (SIRVA). The claim proceeded under the Vaccine Injury Table for SIRVA. Petitioner alleged onset of burning pain and decreased range of motion within days of vaccination. Medical records showed tenderness, infraspinatus injury with partial tear, and edema. Treatment included physical therapy, steroid injections, and arthroscopic surgery. The Special Master found that Petitioner met the Table SIRVA criteria: no prior shoulder dysfunction explaining the symptoms, onset within 48 hours of vaccination (despite a 37-day delay in reporting to a medical provider, supported by Petitioner's affidavit and consistent reporting once treatment began), pain and reduced range of motion limited to the left shoulder, and no other condition (specifically, diabetes) sufficiently explaining the symptoms, although diabetes was noted as a risk factor for adhesive capsulitis. The injury required surgical intervention and persisted for approximately ten months. Chief Special Master Brian H. Corcoran issued a decision awarding $116,000.00 for pain and suffering and $3,594.17 for past unreimbursable medical expenses, totaling $119,594.17. Petitioner was represented by Ronald Craig Homer, and Respondent by Naseem Kourosh.
Source PDFs
USCOURTS-cofc-1_20-vv-01769