Elizabeth Babo v. HHS - Hepatitis A, shoulder injury related to vaccine administration (SIRVA) (2024)

On January 13, 2021, Elizabeth Babo filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging a shoulder injury related to vaccine administration (SIRVA) in her left shoulder resulting from a hepatitis A vaccine administered on May 23, 2019. Petitioner, who was 23 years old at the time of vaccination, initially presented to her primary care provider approximately eight months after the vaccination, complaining of left arm pain that began shortly after receiving the vaccine.

Medical records indicated tenderness in the left deltoid area, with no restriction of movement initially. Subsequent evaluations by other physicians noted ongoing pain, reduced strength in the left arm compared to the right, and eventually led to an MRI and arthroscopic surgery on her left shoulder.

Petitioner provided affidavits from herself, her mother, her husband, and a co-worker, detailing the onset of pain after vaccination, its persistence, and its impact on her daily activities and ability to work as a nurse and later at the Massachusetts State Police Academy. Respondent contested entitlement, particularly regarding the onset of symptoms within the timeframe required for a Table SIRVA claim, citing the eight-month delay in seeking treatment.

However, Chief Special Master Brian H. Corcoran, in a Ruling on Entitlement dated April 7, 2023, found that Petitioner had provided sufficient evidence to establish the onset of shoulder pain within 48 hours of vaccination.

The Special Master found Petitioner's explanation for the delay in seeking treatment credible, noting her belief that the symptoms would resolve and her monitoring of her own condition. The ruling also confirmed that Petitioner met the other requirements for a Table SIRVA claim, including no prior shoulder issues, no alternative cause, residual effects lasting more than six months, and no pursuit of other civil actions.

Following the entitlement ruling, the parties engaged in further discussions regarding damages. On January 22, 2024, Respondent filed a proffer proposing an award of compensation, which Petitioner accepted.

In a Decision dated February 21, 2024, Chief Special Master Corcoran adopted the proffer, awarding Elizabeth Babo a total of $86,595.54. This amount included a lump sum payment of $86,595.54, comprising $80,000.00 for pain and suffering, $6,262.23 for lost wages, and $333.31 for unreimbursed out-of-pocket medical expenses.

Petitioner was represented by Nicole M. Avitabile of the Law Offices of Jeffrey S.

Glassman, LLC, and Respondent was represented by Mark K. Hellie of the U.S.

Department of Justice.