Janet M. Engels v. HHS - Pneumococcal, left shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
Janet M. Engels filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) following a pneumococcal vaccine received on November 3, 2020.
The parties agreed that Ms. Engels had no prior history of left shoulder pain.
She reported immediate pain upon vaccination and experienced persistent pain and decreased range of motion thereafter. Medical records documented tendinopathy and impingement syndrome.
Respondent initially opposed entitlement, arguing that Ms. Engels did not meet the statutory six-month severity requirement for her injury.
However, the court found that her symptoms, including pain and decreased range of motion, continued through her last physical therapy session on April 26, 2021, just seven days shy of the six-month mark. Ms.
Engels provided a credible explanation for the gap in treatment, citing her role as a caregiver. The court determined that her symptoms persisted beyond the six-month period and that she otherwise satisfied the criteria for a Table SIRVA claim.
Consequently, Ms. Engels was found entitled to compensation, with a separate damages order to be issued.
Source PDFs
USCOURTS-cofc-1_21-vv-01255