Magdalena Fernandez v. HHS - Pneumococcal, Shoulder Injury Related to Vaccine Administration (SIRVA) (2024)

Magdalena Fernandez, an adult, received a pneumococcal vaccination on June 12, 2020. Within two days, she developed severe left shoulder pain and limited range of motion, diagnosed as Shoulder Injury Related to Vaccine Administration (SIRVA).

She presented to urgent care two days after vaccination due to excruciating pain and inability to move her arm. Medical records documented tenderness, limited range of motion, and pain with movement over the subsequent months, with diagnoses including adhesive capsulitis and rotator cuff tendonitis.

Ms. Fernandez submitted medical records, her own sworn statements detailing her symptoms and treatment challenges, and cited precedent cases to support her claim.

Respondent conceded entitlement, agreeing that her injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting no prior history of shoulder issues, rapid onset of pain post-vaccination, pain localized to the injection site, and no other identified cause. The case proceeded to a damages determination, where the parties could not agree on compensation.

The court awarded Ms. Fernandez $83,435.00, comprising $82,500.00 for past pain and suffering and $935.00 for past unreimbursable medical expenses.