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

On January 5, 2021, Jane Brennom filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on January 16, 2019. Ms.

Brennom was 67 years old at the time of vaccination and had a history of multiple shoulder issues, including osteoarthritis, frozen shoulder, and prior shoulder surgeries. She reported left shoulder pain beginning shortly after the January 16, 2019, vaccination.

Medical records from March 2019 indicated inflammation and bursitis possibly related to the injection site, and a diagnosis of SIRVA was made in April 2019, at which time she received a cortisone injection. She reported significant improvement by June 2019, when she received a second cortisone injection.

The public decision does not describe the specific symptoms, onset details beyond "shortly after the vaccination," or any expert reports submitted by the petitioner, other than noting an expert report was submitted addressing causation and sequela. The respondent argued that Ms.

Brennom failed to meet the Vaccine Act's severity requirement, which mandates that the residual effects of the injury must persist for more than six months post-vaccination. The Special Master noted significant gaps in treatment, including a period of over one year between June 2019 and June 2020.

While Ms. Brennom reported renewed pain in June 2020 and again in 2021 and 2022, the Special Master found that the evidence did not sufficiently link this later pain to the January 2019 vaccine injury, citing the possibility of degenerative changes noted in an earlier MRI and her pre-existing shoulder conditions.

The Special Master concluded that Ms. Brennom failed to establish by a preponderance of the evidence that her injury persisted for the required six months.

Consequently, the case was dismissed. The petition was filed on January 5, 2021, and the decision was issued by Chief Special Master Brian H.

Corcoran on October 6, 2023. Petitioner was represented by Jessica Anne Olins of Maglio Christopher & Toale, PA, and Respondent was represented by Christine Mary Becer of the U.S.

Department of Justice.