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

On November 23, 2021, Fran Baskin filed a petition alleging a left shoulder injury related to an influenza vaccination administered on October 1, 2019. Unlike many Special Processing Unit SIRVA cases, the parties did not resolve entitlement informally and instead briefed entitlement and damages.

The record showed that Ms. Baskin received the flu vaccine in her left deltoid.

Two months later, she reported left upper-arm pain since the vaccination. Physical therapy documented decreased range of motion and positive impingement signs, and her pain worsened before she received a cortisone injection in May 2020.

She later continued to report pain and stiffness and returned to physical therapy in December 2020. Ms.

Baskin submitted a declaration stating that she felt immediate injection-site pain that did not go away. Respondent challenged the absence of contemporaneous medical records during the first two months and argued the treatment course was very mild to mild.

Chief Special Master Brian H. Corcoran found that the evidence as a whole supported onset within 48 hours, that a two-month delay in seeking treatment was not uncommon in a SIRVA case, and that the remaining Table and statutory criteria were met.

For damages, Ms. Baskin sought $75,000.00 for pain and suffering; respondent proposed no more than $38,500.00.

On June 2, 2025, the Special Master awarded $46,784.18, consisting of $45,000.00 for actual pain and suffering and $1,784.18 for out-of-pocket medical expenses.