Cynthia Crider v. HHS - Influenza, right-sided shoulder injury related to vaccine administration (SIRVA) (2023)

Filed 2021-01-12Decided 2023-12-12Vaccine Influenza
compensated$20,291

Case summary [AI summaries can sometimes make mistakes]

On January 12, 2021, Cynthia Crider filed a petition alleging a right-sided shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on September 25, 2019. Petitioner, born in 1967, initially presented with pain after the vaccination that spread down her arm.

While a walk-in clinic suggested the pain was from a prior fall, her primary care provider later documented that the pain began instantly with the vaccination and persisted. The respondent initially contested entitlement, arguing the injury did not meet the severity requirement or onset within 48 hours.

However, following a ruling on entitlement by Chief Special Master Brian H. Corcoran on September 18, 2023, which found that Petitioner had presented preponderant evidence that the shoulder injury had residual effects lasting more than six months, onset within 48 hours, and no other condition explaining the symptoms, the respondent conceded entitlement.

The case then proceeded to the damages phase. On November 6, 2023, Chief Special Master Corcoran issued a decision on damages, awarding Petitioner a total of $20,291.15.

This award comprised $20,000.00 for pain and suffering and $291.15 for past unreimbursable expenses, to be paid as a lump sum. Petitioner was represented by Jimmy A.

Zgheib of Zgheib Sayad, P.C., and the respondent was represented by Andrew Henning of the U.S. Department of Justice.

Theory of causation

Petitioner Cynthia Crider, born in 1967, received an influenza vaccine on September 25, 2019, and alleged a Shoulder Injury Related to Vaccine Administration (SIRVA). The injury manifested as right-sided shoulder pain and limited range of motion, with onset reported as immediate after vaccination and persisting for more than six months. The respondent initially contested entitlement, arguing the injury did not meet the severity requirement or the 48-hour onset criteria. However, Chief Special Master Brian H. Corcoran ruled on September 18, 2023, that Petitioner had established entitlement to compensation for a Table SIRVA, finding that the injury had residual effects lasting more than six months, onset within 48 hours, and no other condition explaining the symptoms. The decision noted that the treatment course was limited and interrupted, suggesting an award on the lower end of the spectrum for pain and suffering. The parties subsequently stipulated to an award of $20,291.15, consisting of $20,000.00 for pain and suffering and $291.15 for past unreimbursable expenses, as detailed in a decision issued by Chief Special Master Corcoran on December 12, 2023. Petitioner was represented by Jimmy A. Zgheib, and Respondent was represented by Andrew Henning.

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