Dawn Felton v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
On December 23, 2020, Dawn Felton filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine administered on September 18, 2020. Petitioner, who was 60 years old at the time of vaccination, alleged that she received the vaccine in the United States and that there had been no prior award or settlement of a civil action for her injury.
The case was assigned to the Special Processing Unit. On June 23, 2023, the Respondent filed a Rule 4(c) report conceding Petitioner's entitlement to compensation, stating that she met the criteria for SIRVA as set forth in the Table and Qualifications and Aids to Interpretation (QAI).
Specifically, Respondent noted that Petitioner had no relevant history of pain, inflammation, or dysfunction in her right shoulder; her pain and reduced range of motion occurred within 48 hours of the intramuscular vaccination; her symptoms were limited to the vaccinated shoulder; and no other condition explained her symptoms. Chief Special Master Brian H.
Corcoran issued a ruling on entitlement on June 27, 2023, finding Petitioner entitled to compensation. Although entitlement was conceded, the parties disputed the proper damages.
A hearing was held on October 25, 2024, to address the damages. Petitioner requested $105,000.00 for past pain and suffering, while Respondent proposed $47,500.00.
The parties agreed to $708.99 for unreimbursed expenses. Chief Special Master Corcoran reviewed Petitioner's medical records, affidavits, filings, and arguments from both parties, as well as prior SIRVA cases.
Petitioner's medical records indicated that three days after vaccination, she complained of right shoulder pain, and an ultrasound showed changes consistent with a recent injection. She sought treatment from an orthopedist approximately two weeks later, reporting severe pain, tenderness, reduced range of motion, and impingement syndrome.
She was referred to physical therapy but declined a steroid injection. Petitioner underwent approximately nine months of treatment, including nine physical therapy sessions, with reported pain levels varying from mild to high.
She was discharged from physical therapy on June 25, 2021, reporting improvement but not full recovery. The Special Master considered Petitioner's inability to fully participate in Tae Kwon Do, her profession as a master level instructor.
In determining the award, the Special Master found Petitioner's injury was initially severe but her treatment was conservative over nine months, with a five-month gap and no surgery or steroid injections. The Special Master compared the case to prior SIRVA awards, finding Petitioner's case more severe than those cited by Respondent but less severe in duration and treatment intensity than those cited by Petitioner.
Ultimately, Chief Special Master Corcoran awarded Dawn Felton a total of $64,708.99, consisting of $64,000.00 for actual pain and suffering and $708.99 for unreimbursed expenses, payable by check to Petitioner. This award compensates for all damages available under Section 15(a) of the Vaccine Act.
The decision was issued on December 5, 2024.
Theory of causation
Petitioner Dawn Felton, age 60, received an influenza vaccine on September 18, 2020. She alleged a Shoulder Injury Related to Vaccine Administration (SIRVA), a condition listed in the Vaccine Injury Table. Respondent conceded entitlement, agreeing that Petitioner met the Table criteria for SIRVA, including onset of pain and reduced range of motion within 48 hours of vaccination, symptoms limited to the vaccinated shoulder, and no other identified cause. The case proceeded to damages. Petitioner sought $105,000 for pain and suffering, while Respondent proposed $47,500. Petitioner's treatment lasted approximately nine months, including nine physical therapy sessions, with pain levels ranging from zero to eight out of ten. Chief Special Master Brian H. Corcoran awarded $64,000 for pain and suffering and $708.99 for unreimbursed expenses, totaling $64,708.99, in a decision issued December 5, 2024. Petitioner was represented by Jonathan Joseph Svitak of Shannon Law Group, PC, and Respondent was represented by Mary Eileen Holmes of the U.S. Department of Justice. The public text does not detail the specific mechanism of injury or name any medical experts.