Candice Lombardo v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Candice Lombardo filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine administered on November 8, 2019. She reported pain in her left shoulder within days of the vaccination, which she attributed to the flu shot.

Medical records documented pain, limited range of motion, and weakness in her left shoulder, with diagnoses including impingement syndrome, axillary nerve injury, and adhesive capsulitis. An MRI revealed an infraspinatus strain with possible tearing and inflammation.

The respondent initially argued that Petitioner did not meet the severity requirement and could not establish a Table claim due to the onset timeframe. However, the Chief Special Master found that Petitioner's medical records preponderantly established onset of injury within 48 hours of vaccination, that her pain was limited to the left shoulder, and that there was no other condition to explain her symptoms.

The court also found that Petitioner met the severity requirement, with symptoms persisting into the spring of 2020, and that she satisfied all other requirements for compensation. The case proceeded as a Table SIRVA claim.

Subsequently, the parties reached a stipulation for damages. The court awarded Candice Lombardo a lump sum payment of $50,000.00 for pain and suffering.