Nancy Lee McCarn v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
On December 28, 2020, Nancy Lee McCarn filed a petition alleging a SIRVA after receiving an influenza vaccine on November 12, 2019. Respondent conceded entitlement, agreeing that Ms.
McCarn had no prior shoulder dysfunction, that pain began within 48 hours, that pain and reduced range of motion were limited to the injected shoulder, and that no other condition explained the shoulder symptoms. The damages dispute focused on how much of a long and complicated course should be attributed to SIRVA rather than other conditions, including axillary neuropathy and unrelated orthopedic problems.
Ms. McCarn's vaccine-related shoulder course included years of pain, repeated orthopedic care, physical therapy, cortisone injections, and two surgeries.
Chief Special Master Brian H. Corcoran awarded $210,000.00 for pain and suffering and $2,455.27 in unreimbursed expenses, for a total of $212,455.27.
He declined to compensate expenses tied to non-SIRVA neurologic treatment, lawn care, house cleaning, and medical marijuana.
Theory of causation
Influenza vaccine November 12, 2019 causing SIRVA; adult, exact age not stated; onset within 48 hours. ENTITLEMENT CONCEDED; COMPENSATED after damages litigation. Key evidence: multi-year shoulder treatment, two surgeries, PT, injections; dispute over non-SIRVA neurologic/other expenses. Award $210,000 pain/suffering + $2,455.27 expenses = $212,455.27. Chief SM Brian H. Corcoran; petition December 28, 2020; damages June 6, 2025.