Carolyn Sawyer v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2026)
Case summary [AI summaries can sometimes make mistakes]
On May 2, 2022, Carolyn Sawyer filed a petition alleging that an influenza vaccination administered on November 20, 2020 caused a left shoulder injury related to vaccine administration. The claim was litigated on entitlement before damages were proffered.
Ms. Sawyer stated that she developed pain in her left shoulder and upper arm after vaccination, called Campti Clinic the next day, and was told to use heat.
She said she tried to manage the pain at home because of COVID-19 exposure concerns and made additional calls over the next two months, though the medical records did not document those calls. Her first documented shoulder visit came later.
Respondent disputed whether the record proved the six-month severity requirement, emphasizing the lack of contemporaneous documentation and the delay or gaps in treatment. Chief Special Master Brian H.
Corcoran found that Ms. Sawyer had proven residual effects or complications for more than six months and had also shown pain onset within forty-eight hours.
He noted, however, that the delay and limited treatment suggested a milder SIRVA injury and would affect damages. Damages were then resolved by proffer.
On March 11, 2026, Chief Special Master Corcoran awarded $40,173.54, consisting of $40,000.00 for pain and suffering and $173.54 for a Medicaid lien/past reimbursable expense component.
Theory of causation
Influenza vaccine on November 20, 2020, causing Table left SIRVA; COMPENSATED. Contested entitlement focused on 48-hour onset and six-month severity, with undocumented early calls and delayed/gapped treatment. Chief SM Corcoran found onset and severity proven but noted the course was mild for damages. Award $40,173.54 ($40,000 pain/suffering + $173.54 Medicaid lien/expense component). Petition filed May 2, 2022; entitlement December 11, 2025; damages March 11, 2026. Attorney: Jonathan Joseph Svitak, Shannon Law Group.
Source PDFs
USCOURTS-cofc-1_22-vv-00489