Tracey Ervin-Spencer v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Tracey Ervin-Spencer, a 61-year-old adult, received an influenza vaccine on October 2, 2019. She alleged a Table injury, specifically shoulder injury related to vaccine administration (SIRVA), with onset shortly after her vaccination.

The medical records indicated that she experienced new left deltoid pain post-flu shot, with pain scores up to 7/10 with movement. She reported worsening left shoulder pain starting after the flu shot, with reduced range of motion and tenderness.

An MRI of her left shoulder showed inflammation and a partial rotator cuff tear. She was diagnosed with impingement syndrome and a rotator cuff tear.

Petitioner's declaration stated she felt immediate pain upon injection and thought a nerve was hit, experiencing fever that night and extreme pain the next morning, requiring assistance with daily activities. The respondent contested the onset within 48 hours and whether the pain was limited to the shoulder.

However, the Special Master found that the evidence, including later medical records and Petitioner's consistent reporting of onset contemporaneous with the vaccination, supported a finding of onset within 48 hours. The Special Master also found that while some pain radiated, it was consistent with a SIRVA claim where the primary injury was to the shoulder.

The case proceeded as a Table claim. The Special Master ruled on entitlement on December 8, 2023, finding Petitioner entitled to compensation.

Subsequently, on February 16, 2024, the parties stipulated to an award. The court awarded Tracey Ervin-Spencer a total of $68,200.00, comprising $67,500.00 for pain and suffering and $700.00 for past unreimbursable expenses.