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

On May 23, 2022, Rocio Blanco filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination received on August 29, 2019. Ms.

Blanco, who was 27 years old at the time of vaccination, alleged her injury persisted for more than six months. The respondent, the Secretary of Health and Human Services, filed a report conceding entitlement, agreeing that Ms.

Blanco's condition was consistent with SIRVA as defined by the Vaccine Injury Table and that her symptoms persisted for more than six months. The parties were unable to agree on the amount of damages, leading to a decision by Chief Special Master Brian H.

Corcoran. The medical history detailed Ms.

Blanco's onset of left shoulder pain, swelling, and decreased range of motion within hours and days of her vaccination. She experienced bruising and itching at the injection site, diagnosed as cellulitis, for which she received antibiotics and prednisone.

Her shoulder pain and limitations continued, leading to multiple medical evaluations, including an MRI, cortisone injections, and physical therapy. She was diagnosed with rotator cuff syndrome and later tendinitis with mild tenosynovitis.

Ms. Blanco underwent arthroscopic surgery on November 20, 2019, which included manipulation under anesthesia, tenosynovectomy, bursectomy, lysis of adhesions, and a plasma-rich and stem-cell injection.

Post-surgery, she used a physical therapy chair and performed home exercises, as formal physical therapy was limited by co-pay issues. She continued to experience pain, weakness, and numbness, with diagnoses including rotator cuff syndrome and left brachial radiculitis.

Her injury impacted her ability to care for her young son. The Special Master reviewed arguments from both parties regarding damages.

Petitioner sought $115,000.00 for pain and suffering, citing the severity of her injury, complications like cellulitis, and the impact on her role as a single mother. She also requested $5,002.58 for past unreimbursed medical expenses for rehabilitation items.

Respondent proposed an award of $77,500.00 for pain and suffering, characterizing the injury as mild to moderate and noting the relatively short duration of treatment. The Special Master considered prior SIRVA cases and the specific facts of Ms.

Blanco's case. He found that her treatment course, while including surgery, was of relatively short duration, but noted her prompt treatment seeking, high pain levels, and the impact on her parenting.

Comparing her case to prior awards, particularly the case of Barry v. Sec’y of Health & Human Servs., which involved a similar award of $113,000.00 for pain and suffering to a mother of young children, the Special Master determined that $113,000.00 was a fair and appropriate award for Ms.

Blanco's pain and suffering. He also awarded the full $5,002.58 requested for past unreimbursed expenses, finding them reasonably necessary and not reimbursable by a third party.

The total award was $118,002.58. Petitioner was represented by Jeffrey S.

Pop of Jeffrey S. Pop & Associates, and Respondent was represented by Amanda Pasciuto and later Mitchell Jones of the U.S.

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

Corcoran on March 21, 2025.