Janice Lent v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2024)

On January 7, 2021, Janice Lent 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 October 16, 2019. Ms.

Lent was 58 years old at the time of vaccination. The respondent, the Secretary of Health and Human Services, initially opposed compensation, arguing that Ms.

Lent could not meet the severity requirement and that medical records did not reflect onset of shoulder pain within 48 hours of vaccination. The case proceeded to a ruling on entitlement, issued by Chief Special Master Brian H.

Corcoran on July 11, 2024. The Special Master found that Ms.

Lent was entitled to compensation. The public decision does not name petitioner counsel or respondent counsel.

Ms. Lent's medical history indicated no prior left shoulder issues.

She received the influenza vaccine in her left shoulder on October 16, 2019. She first complained of left shoulder pain on November 1, 2019, approximately 16 days after vaccination, and consistently linked it to the flu shot.

Her primary care provider noted "dysfunction of left rotator cuff" on November 5, 2019, and referred her for physical therapy and an MRI. An MRI on November 6, 2019, revealed "tendinosis of the supraspinatus infraspinatus and subscapularis tendons" and "mild acromioclavicular osteoarthrosis with slight joint hypertrophy." A VAERS report filed on November 14, 2019, stated the adverse event started on October 17, 2019, and that her left arm hurt for two weeks following the vaccine.

Physical therapy between November 22 and December 13, 2019, showed improvement, though she still had difficulty with some everyday tasks. Ms.

Lent continued at-home exercises, reporting relief of pain. On April 24, 2020, she reported continued left shoulder pain, stating her shoulder had improved with physical therapy but symptoms returned when she stopped exercises.

The Special Master found that her symptoms persisted for more than six months, meeting the severity requirement, although this was considered a close showing. The Special Master determined that Ms.

Lent satisfied the criteria for a Table SIRVA. She had no prior history of left shoulder problems that would explain her symptoms.

While the exact onset date was debated, the Special Master found preponderant evidence that her left shoulder pain occurred more likely than not within 48 hours of vaccination, noting that petitioners are not required to provide chronographic specificity and that Ms. Lent consistently linked her pain to the vaccine.

Her pain was limited to her left shoulder, and no other condition or abnormality was found to explain her symptoms. The Special Master also found that Ms.

Lent met the other requirements for compensation, including receiving a covered vaccine in the United States and not having filed a civil suit or collected a prior award for her injury. Following the entitlement ruling, the parties stipulated to damages.

On September 20, 2024, the respondent filed a proffer for the award of compensation. Chief Special Master Corcoran issued a decision on November 1, 2024, awarding Janice Lent a total of $45,288.00.

This amount comprised $45,000.00 for pain and suffering and $288.00 for past unreimbursable expenses, to be paid as a lump sum check to Ms. Lent.