Morgan Fritz v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Morgan Fritz, a 40-year-old adult, filed a petition for compensation under the National Vaccine Injury Compensation Program on October 27, 2021. She alleged that an influenza vaccine administered on November 2, 2020, caused a shoulder injury related to vaccine administration (SIRVA).

Petitioner claimed that within hours of receiving the vaccine in her right shoulder, she experienced severe pain. She sought formal medical treatment 58 days later, on December 30, 2020, reporting significant pain following the flu shot and difficulty lifting her arm overhead.

Her medical records from this visit documented right rotator cuff tendinitis and impingement, with pain and reduced range of motion. The treating orthopedist recommended physical therapy, a steroid injection, and time off work.

Petitioner received a cortisone injection on January 13, 2021, and began physical therapy on January 19, 2021. Her physical therapist noted the onset of right shoulder pain following the flu shot on November 2, 2020, and that the injection was painful and possibly placed too superiorly.

Petitioner reported persistent soreness for a month after the injection and rated her pain as 3/10 with movement and activities. She was off work due to her injury.

Follow-up appointments with her orthopedist indicated improvement but noted persistent pain and slightly decreased range of motion. She was assessed with right shoulder pain with myositis and continued with physical therapy and anti-inflammatory medication.

By April 27, 2021, she reported doing "very well" and was able to perform farm work and activities of daily living, though she still exhibited decreased right rotator cuff strength due to pain and positive impingement signs. Her last orthopedic follow-up was on July 6, 2021, where she reported significant improvement but experienced painful popping sensations.

The orthopedist noted a history of myositis post-vaccination and assessed her with "right shoulder scapula dyskinesis with impingement, improving." Petitioner's affidavit stated the pain began "by that evening" after the vaccination, which she noted was administered in a higher spot than usual. She also stated her daughter, who received a vaccine simultaneously, had pain that subsided within days, while hers did not.

She reported being out of work from December 11, 2020, to April 7, 2021, due to the shoulder injury, which caused financial strain. She continued to experience pain and decreased range of motion with certain activities.

The Special Master found that Petitioner met the criteria for a Table SIRVA, including no prior history of right shoulder pain, onset of pain within 48 hours of vaccination, pain limited to the right shoulder, and no other condition explaining the symptoms. The Special Master also found that Petitioner met the other requirements for compensation under the Vaccine Act, including receiving a covered vaccine in the United States and suffering residual effects for more than six months.

The Special Master awarded Morgan Fritz $55,000.00 for past pain and suffering, considering the mild to moderate severity and duration of her injury, her treatment course including physical therapy and a steroid injection, and comparing her case to prior SIRVA awards. Petitioner was represented by David John Carney of Green & Schafle, LLC, and Respondent was represented by Colleen Clemons Hartley of the U.S.

Department of Justice. The decision was issued by Chief Special Master Brian H.

Corcoran.