Jennifer L. Portock v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
On August 3, 2021, Jennifer L. Portock filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on October 21, 2020.
Ms. Portock, who was 40 years old at the time of vaccination, reported experiencing pain and reduced range of motion in her left shoulder within hours of receiving the vaccine.
Medical records documented ongoing symptoms, including bursitis and adhesive capsulitis. An MRI revealed a tear and bone marrow edema in her left shoulder.
Although Ms. Portock did not seek further medical treatment for over four months after the initial onset, the Chief Special Master, Brian H.
Corcoran, found that her injury persisted beyond the six-month statutory requirement for severity. The Special Master also determined that her condition met the criteria for a SIRVA injury as defined in the Vaccine Injury Table, which presumes causation.
Following the ruling on entitlement, the parties stipulated to an award of $49,691.20. This award comprised $47,500.00 for pain and suffering and $2,191.20 for past unreimbursable expenses.
The decision awarding damages was issued on November 15, 2024. Petitioner was represented by Richard H.
Moeller, and Respondent was represented by Felicia Langel.
Theory of causation
Jennifer L. Portock, age 40, received an influenza vaccine on October 21, 2020, in her left shoulder. She alleged a left shoulder injury related to vaccine administration (SIRVA). The injury manifested within hours of vaccination with pain and reduced range of motion. Medical records documented bursitis and adhesive capsulitis, and an MRI showed a tear and bone marrow edema. The Special Master found that Ms. Portock suffered residual effects for more than six months, satisfying the severity requirement. The injury met the criteria for a SIRVA injury on the Vaccine Injury Table (42 C.F.R. § 100.3(a)(XIV)(B) and (c)(10)), presuming causation. The respondent agreed that the claim otherwise satisfied the Table criteria. The parties stipulated to an award of $49,691.20, consisting of $47,500.00 for pain and suffering and $2,191.20 for past unreimbursable expenses. Chief Special Master Brian H. Corcoran issued the ruling on entitlement on August 13, 2024, and the decision awarding damages on November 15, 2024. Petitioner was represented by Richard H. Moeller, and Respondent was represented by Felicia Langel.