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

Vivien Cord, a 79-year-old adult, filed a petition for compensation under the National Vaccine Injury Compensation Program on January 11, 2021. She alleged that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccination received on August 19, 2020.

The respondent filed a Rule 4(c) report on August 17, 2023, conceding that Petitioner's injury was consistent with SIRVA as defined by the Vaccine Injury Table. The respondent noted that Petitioner had no prior history of left shoulder pain, inflammation, or dysfunction; that her pain occurred within 48 hours after receiving the intramuscular vaccination; that the pain was limited to the shoulder in which the vaccine was administered; and that no other condition or abnormality was identified to explain the pain.

The respondent further agreed that Petitioner suffered residual effects of her condition for more than six months. Chief Special Master Brian H.

Corcoran issued a ruling on entitlement on August 21, 2023, finding Petitioner entitled to compensation. The parties were unable to agree on a damages figure, leading to further proceedings.

Petitioner sought $130,000.00 for pain and suffering, arguing her SIRVA injury was moderately severe, with immediate severe pain, inability to lift her arm, and requiring surgical intervention. Respondent argued for a lower award, noting Petitioner did not pursue conservative treatment before surgery and that her symptoms lasted slightly over six months.

Petitioner received an influenza vaccination in her left arm on August 19, 2020. Eight days later, she reported intense left shoulder pain that began about half a day after the vaccination.

Examination revealed tenderness, reduced strength, and severely limited range of motion. She received a cortisone injection, which provided temporary relief.

She continued to experience worsening pain and difficulty sleeping. An MRI revealed supraspinatus tendinosis with a small full-thickness tear, partial thickness tear of the infraspinatus, moderate joint effusion with diffuse synovitis, moderate biceps tendinopathy, moderate AC arthrosis, and a SLAP tear.

Multiple orthopedic surgeons provided opinions, with some recommending arthroscopic surgery and others recommending physical therapy. Petitioner underwent arthroscopic surgery on December 10, 2020, which included debridement, capsular release, synovectomy, and subacromial decompression.

Post-operative diagnoses included inflammatory synovitis and bursitis, possible sepsis, and possible autoimmune inflammatory disease. Cultures were negative, and pathology reports indicated rheumatoid findings.

Petitioner attended a limited number of physical therapy sessions post-surgery. Her condition was deemed an autoimmune inflammatory arthropathy.

While bloodwork was negative for autoimmune disease, she continued to report diffuse joint pain. By January 19, 2021, her left shoulder range of motion and pain had improved by 40%.

A March 9, 2021, wellness visit noted her status post SIRVA from the flu shot about a year prior and also noted new right shoulder pain after a COVID-19 vaccination. A rheumatologist visit on March 15, 2021, noted tenderness in her left shoulder but good range of motion, though she reported pain in other joints.

Subsequent testing for inflammatory rheumatologic disease was negative. No further records of treatment for her shoulder pain were filed.

Chief Special Master Brian H. Corcoran issued a decision awarding damages on November 1, 2024.

He found Petitioner's situation most similar to a prior case where $105,000.00 was awarded, but adjusted upward due to Petitioner's more severely limited range of motion, additional specialist testing, and incomplete recovery, resulting in an award of $115,000.00 for past pain and suffering. This award was a lump sum payment.