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

Shannon McDonald filed a petition for compensation under the National Vaccine Injury Compensation Program on February 25, 2022. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination received on December 30, 2020.

Petitioner stated that her SIRVA symptoms lasted longer than six months. The respondent filed a Rule 4(c) report conceding that Petitioner was entitled to compensation, finding her alleged injury consistent with SIRVA as defined by the Vaccine Injury Table.

The respondent agreed that Petitioner had satisfied all legal prerequisites for compensation. Chief Special Master Brian H.

Corcoran issued a ruling on entitlement on January 3, 2024, finding Petitioner entitled to compensation. The parties were unable to resolve the appropriate amount of damages, leading to a decision on damages.

Petitioner, a 38-year-old nurse, received the flu shot in her left arm on December 30, 2020. Approximately two weeks later, on January 13, 2021, she reported progressively worsening pain after the vaccination to her primary care provider, who noted decreased range of motion, bony tenderness, and pain.

She was prescribed naproxen and sent for x-rays. The following day, she saw an orthopedist, complaining of two weeks of shoulder pain that occurred immediately after the flu shot, describing the vaccination site as "up near the subacromial space." The orthopedist assessed bursitis and administered a cortisone injection.

Petitioner began physical therapy on February 5, 2021, reporting continued pain despite the injection. Her range of motion was limited, and her strength diminished.

She completed eight physical therapy sessions by April 5, 2021. She returned to her orthopedist on March 25, 2021, reporting persistent pain, and an MRI was ordered, which showed no concerning pathology.

On June 8, 2021, she reported increased pain after holding her son, experiencing pain with all use of her left arm. The diagnosis was shoulder impingement, and she received a second cortisone injection and was referred back to physical therapy.

On June 28, 2021, she reported pain so severe she could not continue working, with a diagnosis of impingement, bursitis, and arthritis. Surgery was recommended and performed on July 6, 2021, consisting of arthroscopic debridement of a labral tear and rotator cuff, subacromial bursectomy, subacromial decompression and acromioplasty, and open resection of the distal clavicle.

Post-operative follow-ups showed improvement but some deficits. She returned to physical therapy on August 5, 2021, completing twelve sessions through October 21, 2021, but experienced a six-week break due to insurance issues and continued to have limitations.

She was cleared to return to work on October 4, 2021. Petitioner sought $135,000.00 for pain and suffering, citing her significant treatment, continued symptoms, and comparing her case to six prior SIRVA cases with awards ranging from $110,000.00 to $135,000.00.

Respondent proposed $90,000.00 for pain and suffering, characterizing her SIRVA as mild to moderate with a ten-month duration and arguing some surgical procedures were not SIRVA-related. Chief Special Master Brian H.

Corcoran awarded Shannon McDonald a total of $116,102.76. This included $115,000.00 for pain and suffering and $1,102.76 for past unreimbursed medical expenses.

The award was based on the severity and duration of her symptoms, the extent of her treatment including surgery, and comparisons to prior SIRVA cases, finding her situation similar to the Issertell case but justifying a slightly higher award due to more treatment and residual deficits. Petitioner was represented by Paul R.

Brazil of Muller Brazil, LLP, and Respondent was represented by Felicia Langel of the U.S. Department of Justice.

The decision was issued on March 11, 2025.