Kathaleen Lang v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2025)

Kathaleen Lang, a 71-year-old retiree, filed a petition for compensation under the National Vaccine Injury Compensation Program on February 22, 2021. She alleged that she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 4, 2020.

The respondent, the Secretary of Health and Human Services, conceded entitlement to compensation, agreeing that Ms. Lang's injury was consistent with SIRVA as defined by the Vaccine Injury Table.

The case proceeded to a damages determination because the parties could not agree on a settlement amount. Ms.

Lang's medical records indicated that approximately 34 days after vaccination, she experienced post-vaccination shoulder pain ranging from 2 to 8 out of 10. An examination revealed limited range of motion and positive impingement signs, with an unremarkable shoulder x-ray.

The initial assessment was impingement syndrome, with the orthopedist noting that her shoulder was not yet frozen. She received a steroid injection and was advised to use ice and elevation.

Nearly four months later, she reported ongoing shoulder pain with no relief from the steroid injection. Her primary care provider observed reasonable range of motion, recommended over-the-counter pain relief, and referred her for physical therapy.

Ms. Lang attended fourteen physical therapy sessions over six weeks, which documented ongoing pain and reduced range of motion without meaningful improvement.

She was discharged from physical therapy due to relocating. A reevaluation by the orthopedist amended the assessment to adhesive capsulitis.

An MRI suggested mild to moderate glenohumeral arthrosis, a small glenohumeral joint effusion with synovitis, and minimal undersurface fraying with mild enthesopathic cystic change. The orthopedist also assessed cervical radiculopathy and prescribed oral steroids, which provided some relief, but the pain returned after the course ended.

The orthopedist did not record a plan to refill the medication and advised continuing physical therapy. Further evaluation of her cervical spine revealed findings at C4-C7, and a neuro consult and possible EMG were suggested.

Ms. Lang then underwent eighteen additional physical therapy sessions over two months, which documented ongoing shoulder injury, references to her neck and cervical spine, some improvement, but persistent pain, reduced range of motion, and difficulty sleeping.

There was no formal discharge summary. In January 2022, Ms.

Lang stated she experienced ongoing discomfort and mild pain at rest and with activity, such as kayaking and lifting. She discontinued treatment due to family and personal issues taking precedence.

The Special Master, Chief Special Master Brian H. Corcoran, reviewed the evidence, including medical records and party briefs, and compared the case to prior SIRVA decisions.

He noted that Ms. Lang suffered a relatively mild SIRVA that did not require surgery.

He found that while she attended more physical therapy sessions and reported higher pain ratings than in the analogous Foster case, her treatment course included a four-month gap and potential contributions from cervical radiculopathy. He also noted that Ms.

Lang had not established that her SIRVA impacted personal or professional obligations. Ultimately, Chief Special Master Corcoran awarded Ms.

Lang $64,372.78, comprising $64,000.00 for past pain and suffering and $372.78 for past unreimbursable expenses. Petitioner was represented by John Robert Howie of Howie Law, PC, and Respondent was represented by Benjamin Patrick Warder of the U.S.

Department of Justice. The decision was issued on January 27, 2025.