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

Marie Foster, an adult, received an influenza vaccine on November 12, 2019. Within 27 days, she developed left shoulder pain that worsened over time, diagnosed as shoulder injury related to vaccine administration (SIRVA).

She sought treatment including a steroid injection and physical therapy, reporting significant pain initially that improved over several months. Her physical therapy concluded with her being without pain and having regained significant range of motion, though she noted fear of pain with certain activities like coaching volleyball.

Respondent conceded entitlement to compensation, acknowledging no prior shoulder issues, onset within 48 hours, localized pain, and no other explanatory conditions. The case proceeded to a damages decision.

The court awarded Marie Foster $60,875.02, comprising $60,000.00 for pain and suffering and $875.02 for past unreimbursed medical expenses. Her claim for lost wages was denied as too speculative, as she did not sufficiently prove that her injury prevented her from coaching volleyball or that she would have earned wages but for the injury, also noting the potential impact of the COVID-19 pandemic.

The injury was classified as a Table injury, and the compensation was awarded based on the severity and duration of her symptoms, considering prior SIRVA cases.