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

Cindy Overton filed a petition for compensation under the National Vaccine Injury Compensation Program on December 13, 2021, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine administered on November 10, 2020. Ms.

Overton, a 40-year-old nurse, received the vaccine as mandated by her employer. One day after vaccination, she presented with pain in her left shoulder, which progressed over the following weeks and months.

Medical records documented pain, limited range of motion, a supraspinatus tendon tear, and edema in the deltoid muscle. She underwent two surgeries and extensive physical therapy.

The case proceeded as a Table claim for SIRVA. The primary dispute was whether her pain and limited range of motion were confined to the vaccinated shoulder, as required by the Vaccine Injury Table criteria.

Respondent argued that initial reports of pain radiating into her arm and tingling indicated symptoms beyond the shoulder. However, Chief Special Master Brian H.

Corcoran found that the preponderance of the evidence, particularly the consistent medical assessments of musculoskeletal injury to the shoulder and deltoid muscle over more than a year and a half, supported that the pain and reduced range of motion were limited to the vaccinated shoulder. The Special Master concluded that Petitioner established entitlement for a Table SIRVA, and the case would proceed to the damages phase.

Petitioner was represented by John Robert Howie of Howie Law, PC, and Respondent was represented by Voris Edward Johnson of the U.S. Department of Justice.

The decision was issued on March 20, 2024.