Jane Baker v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)

Jane Baker filed a petition on October 6, 2021, alleging that an influenza vaccine administered in her left shoulder on October 6, 2020, caused a Table SIRVA. She had previously received compensation for a different SIRVA claim involving a 2014 flu vaccination, and respondent challenged the new claim.

The entitlement record showed left shoulder symptoms after the 2020 vaccination, including an October 13, 2020 primary-care encounter noting burning pain radiating from the deltoid toward the collarbone. Respondent argued that the symptoms were not limited to the shoulder, that her prior SIRVA history undermined the claim, and that MRI findings were unremarkable.

Special Master Horner found the Table SIRVA requirements satisfied, crediting the onset evidence and concluding that the symptoms were sufficiently shoulder-limited and not better explained by another condition. Entitlement was granted on January 17, 2025.

Damages were litigated. Ms.

Baker's treatment included physical therapy and injections, with a course the Special Master compared to moderate SIRVA cases. She also sought compensation for lost leave and out-of-pocket costs.

On May 23, 2025, Special Master Horner awarded $77,472.07: $75,000.00 for actual pain and suffering, $310.60 for actual loss of earnings, and $2,161.47 for actual unreimbursable expenses. A later fee decision concerned attorney fees and costs only.

Ms. Baker was represented by David John Carney of Green & Schafle LLC.