Ciara Nielsen v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2024)

Ciara Nielsen, an adult, received an influenza vaccine on December 13, 2019. Approximately two weeks later, she began experiencing progressively worsening pain in her left shoulder, radiating from the injection site.

She was diagnosed with a left shoulder injury related to vaccine administration (SIRVA). The medical records documented pain, limited range of motion, and tenderness in her left shoulder, consistent with rotator cuff tendinitis or a mild strain.

She underwent physical therapy and received a cortisone injection, but her symptoms persisted. Due to the COVID-19 pandemic, she stopped formal physical therapy in March 2020, but continued home exercises.

She returned to physical therapy in January 2021, reporting that her pain had not fully resolved. The respondent initially questioned the severity requirement due to a treatment gap.

However, the court found that the evidence preponderantly established that Ms. Nielsen suffered residual effects for more than six months, satisfying the statutory severity requirement.

The case proceeded as a Table claim for SIRVA. The parties stipulated to an award of $55,000.00 for pain and suffering and $218.30 to satisfy a state of Maryland Medicaid lien, for a total award of $55,218.30.