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

Marnie Schmaltz, an adult, received an influenza vaccine on October 16, 2019. Approximately two weeks later, on October 29, 2019, she presented with left shoulder pain that radiated down her arm, and was diagnosed with impingement syndrome.

Her medical records documented pain, inflammation, and dysfunction in her left shoulder, including findings of bursitis and tendinosis on an MRI. She underwent physical therapy and received steroid injections, which provided temporary relief.

The court found that her injury met the criteria for Shoulder Injury Related to Vaccine Administration (SIRVA) as listed on the Vaccine Injury Table, with onset within 48 hours of vaccination. The respondent initially opposed compensation, arguing that Petitioner did not meet the severity requirement and did not establish a Table injury.

However, the court found that Petitioner's symptoms persisted and that the gap in treatment was reasonably explained by the COVID-19 pandemic and financial hardship. The court ruled that Petitioner was entitled to compensation for a Table SIRVA.

Subsequently, on March 19, 2024, the court awarded Marnie Schmaltz $50,159.12 in compensation, comprised of $49,500.00 for pain and suffering and $659.12 for past unreimbursable expenses, based on a proffer agreed to by both parties.