Shawn McKenna v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Shawn McKenna filed a petition for compensation under the National Vaccine Injury Compensation Program on January 4, 2021, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on December 24, 2019. Petitioner, who was 34 years old at the time of vaccination, reported left shoulder pain nine days after receiving the vaccine.
While Mr. McKenna had a history of left shoulder issues, including a significant injury from a fall in 2017 involving a labral tear and rotator cuff tear for which he opted for conservative treatment, the respondent conceded entitlement.
The respondent determined that Mr. McKenna's current complaints were not adequately explained by the prior injury and that SIRVA is a "Table" injury.
The case proceeded to a damages decision. Mr.
McKenna's medical records indicated he experienced left shoulder pain and limited range of motion following vaccination. He received multiple steroid injections and underwent physical therapy.
An MRI in November 2020 showed thinning and partial-thickness tearing of the supraspinatus and infraspinatus tendons, an extensive labral tear with partial detachment, and mild subacromial subdeltoid bursitis. The public decision does not describe the specific mechanism of injury or name any medical experts.
Chief Special Master Brian H. Corcoran presided over the case.
After reviewing the medical records, declarations, and arguments from both parties, Chief Special Master Corcoran found that Mr. McKenna suffered a moderate to mild SIRVA injury for approximately thirteen months.
The Special Master noted a significant gap in treatment for nearly 21 months, from January 2021 until October 2022, which undermined the claim of persistent severity. Considering the severity, duration, treatment history, and comparing it to prior SIRVA cases, the court awarded Mr.
McKenna $65,000.00 for actual pain and suffering. The award was issued on August 8, 2023.
Theory of causation
Petitioner Shawn McKenna filed a petition alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine on December 24, 2019. SIRVA is a "Table" injury under the National Vaccine Injury Compensation Program. The respondent conceded entitlement, agreeing that Petitioner met the criteria for SIRVA and that his pre-vaccination left shoulder complaints did not adequately explain his post-vaccination symptoms. The case proceeded to a damages determination. Petitioner's medical records indicated left shoulder pain and limited range of motion post-vaccination, with treatment including multiple steroid injections and physical therapy. An MRI showed tendon and labral tears. Chief Special Master Brian H. Corcoran presided. The Special Master found the injury to be moderate to mild, lasting approximately thirteen months, with a significant 21-month gap in treatment. The Special Master awarded $65,000.00 for actual pain and suffering on August 8, 2023. Petitioner was represented by David John Carney of Green & Schafle LLC, and Respondent was represented by Amanda Pasciuto of the U.S. Department of Justice. The public decision does not detail the specific mechanism of injury or name medical experts.
Source PDFs
USCOURTS-cofc-1_21-vv-00030