Holly Havis v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Holly Havis filed a petition for compensation under the National Vaccine Injury Compensation Program on February 12, 2021, alleging that an influenza vaccine administered on October 4, 2019, caused a shoulder injury related to vaccine administration (SIRVA). Ms.
Havis was 62 years old at the time of vaccination. The respondent, the Secretary of Health and Human Services, conceded entitlement to compensation, agreeing that Ms.
Havis met the criteria for a SIRVA Table injury, had filed her case timely, received the vaccine in the United States, and suffered residual effects for more than six months. The case then proceeded to a damages determination.
Ms. Havis reported left shoulder pain and reduced range of motion within 48 hours of the vaccination.
Medical records documented ongoing pain, tenderness, a lump at the injection site, and an MRI suggesting bursitis, tendinopathy, partial tearing, and a SLAP lesion. Her treatment included pain medication, a platelet-rich plasma (PRP) injection, and seven physical therapy sessions, along with a home exercise program.
Ms. Havis also contended that she injured her right arm due to overreliance while treating her left shoulder, but the court found insufficient evidence to link these two injuries.
The public decision does not describe the specific mechanism of injury or name the experts consulted. Chief Special Master Brian H.
Corcoran reviewed the parties' arguments regarding damages. Ms.
Havis sought $135,000.00 for past pain and suffering, arguing her injury persisted until early 2021 and significantly impacted her ability to perform and teach music. The respondent proposed an award of $50,000.00, viewing the treatment as conservative and disputing the connection to the right arm injury.
Chief Special Master Corcoran found that while Ms. Havis's left SIRVA caused significant functional limitations and impacted her ability to teach music during the acute treatment period, her injury substantially improved by ten months post-vaccination.
He noted that her condition was not as severe or persistent as in prior cases that received higher awards, and that the right arm injury was not sufficiently linked. The Chief Special Master awarded Ms.
Havis $75,000.00 for pain and suffering and $1,382.13 for unreimbursable expenses, for a total award of $76,382.13. The decision was issued on December 6, 2024.
Theory of causation
Petitioner Holly Havis, age 62, received an influenza vaccine on October 4, 2019, and subsequently developed a shoulder injury related to vaccine administration (SIRVA). Respondent conceded entitlement, agreeing that the injury met the criteria for a SIRVA Table injury. The parties were unable to resolve damages informally, leading to a decision by Chief Special Master Brian H. Corcoran. Petitioner argued for $135,000 for pain and suffering, citing left shoulder pain, reduced range of motion, MRI findings of bursitis, tendinopathy, partial tearing, and a SLAP lesion, along with an inability to perform and teach music. She also alleged a secondary injury to her right arm due to overreliance, but this was not substantiated by preponderant evidence. Respondent proposed $50,000, viewing the treatment as conservative and disputing the right arm injury link. Chief Special Master Corcoran awarded $75,000 for pain and suffering and $1,382.13 for unreimbursable expenses, totaling $76,382.13. The award considered the severity and duration of the left SIRVA, the conservative treatment course, and substantial recovery by ten months post-vaccination, while finding the right arm injury claim unsupported. The decision was issued on December 6, 2024.
Source PDFs
USCOURTS-cofc-1_21-vv-00583