Sara J. White v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
On December 7, 2020, Sara J. White filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on September 30, 2018.
Ms. White, who was 31 years old at the time of vaccination, claimed immediate pain in her right shoulder following the injection.
The respondent, the Secretary of Health and Human Services, initially disputed whether Ms. White had established the required 48-hour pain onset and the six-month severity requirement for a Table injury.
The case was assigned to the Special Processing Unit. On April 23, 2024, Chief Special Master Brian H.
Corcoran issued a Ruling on Entitlement, finding that Ms. White had provided preponderant evidence satisfying all requirements for a Table SIRVA.
The Special Master determined that Ms. White's pain onset occurred within 48 hours of vaccination and that she suffered residual effects for more than six months, meeting the Vaccine Act's severity requirement.
The ruling noted that medical records, including an MRI, showed inflammation likely related to the flu shot, and that Ms. White consistently reported pain attributed to the vaccine since shortly after its administration.
The Special Master also found that Ms. White met the criteria for SIRVA, including no history of prior shoulder issues that would explain the symptoms, pain and reduced range of motion limited to the right shoulder, and no other condition explaining the symptoms.
On July 1, 2024, the respondent filed a Proffer on Award of Compensation, which Ms. White accepted.
Chief Special Master Corcoran issued a Decision awarding Ms. White $43,800.09.
This award consisted of $43,000.00 for pain and suffering and $800.09 for past unreimbursable expenses, to be paid as a lump sum. Petitioner was represented by Brian L.
Cinelli of Schiffmacher, Cinelli, Adoff, LLP. Respondent was represented by Tyler King and later Benjamin Rex Eisenberg of the U.S.
Department of Justice.
Theory of causation
Petitioner Sara J. White, age 31, received an influenza vaccine on September 30, 2018, and alleged a Shoulder Injury Related to Vaccine Administration (SIRVA). The injury is listed on the Vaccine Injury Table. Petitioner alleged immediate pain in her right shoulder following vaccination. The respondent disputed the 48-hour onset and the six-month severity requirement. The Chief Special Master Brian H. Corcoran found that Petitioner provided preponderant evidence of pain onset within 48 hours of vaccination and residual effects for more than six months, satisfying the Table SIRVA criteria. Medical records, including an MRI, indicated inflammation likely related to the flu shot. Petitioner met the SIRVA criteria, including no prior shoulder issues, pain and limited range of motion in the vaccinated shoulder, and no other explanatory condition. The parties stipulated to damages. On August 1, 2024, Chief Special Master Corcoran awarded Petitioner $43,800.09, comprising $43,000.00 for pain and suffering and $800.09 for past unreimbursable expenses. Petitioner was represented by Brian L. Cinelli, and Respondent by Tyler King and Benjamin Rex Eisenberg. The theory of causation was based on the Vaccine Injury Table (SIRVA).
Source PDFs
USCOURTS-cofc-1_20-vv-01788