Shirley Scott v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2026)
Case summary [AI summaries can sometimes make mistakes]
Shirley Scott received an influenza vaccine on October 30, 2019. She subsequently developed significant pain and limited range of motion in her right shoulder, which was diagnosed as a shoulder injury related to vaccine administration (SIRVA).
Although initially considered a Table claim, the court found that her symptoms, including neck pain, did not meet all the criteria for a Table SIRVA. However, the court determined that the vaccine was the but-for cause of her shoulder injury, granting entitlement as an off-Table claim.
The case proceeded to damages, where Ms. Scott sought compensation for her extensive medical treatment, including two surgeries, 121 physical therapy sessions, and multiple steroid injections.
Respondent argued that her injury was not severe and that she had recovered. After reviewing the evidence and comparable cases, the court awarded Ms.
Scott $2,323.33 for out-of-pocket expenses and $195,000.00 for pain and suffering, totaling $197,323.33. The court noted that while her condition progressed to a severe case of SIRVA, including frozen shoulder, her recovery was considered better than some highly severe SIRVA cases, justifying an award within the established range for such injuries.
Theory of causation
Influenza vaccine on October 30, 2019, age 36, causing right shoulder injury. COMPENSATED. The Table SIRVA theory failed because the record reflected neck and radiating symptoms outside the vaccinated shoulder, but Special Master Gowen granted causation-in-fact based on immediate shoulder pain, persistent shoulder dysfunction, and the record as a whole. Damages were awarded March 5, 2026, after entitlement had been granted September 25, 2024. Award recorded as $197,323. Attorney: Jeffrey S. Pop.
Source PDFs
USCOURTS-cofc-1_20-vv-01982