Michelle Mussehl v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

Michelle Mussehl filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 18, 2019. Respondent conceded entitlement, agreeing that her injury was a Table injury and that she met all legal prerequisites for compensation.

The case proceeded to a damages determination as the parties could not resolve the compensation amount. Petitioner requested $75,000 for pain and suffering, emphasizing her immediate pain and consistent symptoms for over two and a half years.

Respondent proposed $37,500, characterizing her injury as mild with limited treatment and a duration of one year. After reviewing the medical records, the Special Master found that Ms.

Mussehl suffered a moderate to mild SIRVA injury with treatment lasting approximately twelve months. The decision noted the atypical nature of her injury, with her orthopedist opining it was likely injected into or near her axillary nerve rather than the bursal space, which influenced treatment options.

Considering the severity and duration of her injury, and comparing it to prior SIRVA cases, the Special Master awarded $60,000.00 for actual pain and suffering. This amount represents compensation for all damages available under the Vaccine Act.