Claudia Langmaid v. HHS - Influenza, left-sided shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
On January 11, 2021, Claudia Langmaid filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging a left-sided shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on October 24, 2019. The respondent, the Secretary of Health and Human Services, initially contested whether the petitioner met the program's six-month severity requirement for the injury.
The public decision does not detail the petitioner's counsel or the respondent's counsel by name in this section, but the ruling on entitlement was issued by Chief Special Master Brian H. Corcoran.
The medical records indicated that Ms. Langmaid experienced left shoulder pain starting six days after the vaccination.
Initial evaluations noted tenderness and impingement tests, with a diagnosis of subacromial bursitis. She received steroid injections and was prescribed anti-inflammatory medication.
Despite some temporary relief, her pain persisted, and an MRI revealed bursitis without rotator cuff abnormality. She underwent physical therapy, but it was interrupted due to the COVID-19 pandemic, leading to a fourteen-month gap in treatment.
During this gap, she received another flu vaccine in the same arm. She returned to medical care in May 2021, reporting persistent pain and limitations.
Further imaging showed minimal bursitis and a possible small labral tear, along with a type II acromion. In November 2021, she underwent arthroscopic surgery, including acromioplasty and rotator cuff debridement.
Following surgery and post-operative physical therapy, her condition improved. Chief Special Master Corcoran ruled on September 16, 2024, that Ms.
Langmaid's SIRVA met the six-month severity requirement and other criteria for a Table SIRVA injury, finding her entitled to compensation. The case then proceeded to the damages phase.
On April 28, 2025, a decision was issued based on a stipulation between the parties. Ms.
Langmaid was awarded a total of $99,786.48, consisting of $95,000.00 for pain and suffering and $4,786.48 for past unreimbursable expenses. The award was to be paid as a lump sum via ACH deposit to her counsel's IOLTA account.
Theory of causation
Petitioner Claudia Langmaid, age 50, received an influenza vaccine on October 24, 2019. She alleged a left-sided shoulder injury related to vaccine administration (SIRVA). The primary disputed issue was whether the injury met the National Vaccine Injury Compensation Program's six-month severity requirement. Medical records documented left shoulder pain, reduced range of motion, and bursitis starting six days post-vaccination. Treatment included NSAIDs, two steroid injections, and physical therapy, with temporary relief. A fourteen-month gap in treatment occurred during the COVID-19 pandemic. Despite the gap, the Special Master found preponderant evidence that the injury persisted for over six months, leading to arthroscopic surgery in November 2021. Petitioner was found entitled to compensation for a Table SIRVA injury. On April 28, 2025, Chief Special Master Brian H. Corcoran awarded Petitioner $99,786.48, comprising $95,000.00 for pain and suffering and $4,786.48 for past unreimbursable expenses, based on a stipulation between Petitioner (Leigh Finfer, Muller Brazil, LLP) and Respondent (represented by Meghan Murphy, U.S. Department of Justice).
Source PDFs
USCOURTS-cofc-1_21-vv-00555