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

Filed 2022-05-24Decided 2025-11-07Vaccine Influenza
compensated$106,558

Case summary [AI summaries can sometimes make mistakes]

On May 24, 2022, Kathy Frye filed a petition alleging that an influenza vaccine administered on October 2, 2019 caused a left shoulder injury related to vaccine administration. She was 67 years old at vaccination.

During the case, Ms. Frye died on April 2, 2025 of causes unrelated to the vaccine injury, and Sonya F.

Smith continued the matter as administrator of her estate. Respondent disputed entitlement, pointing to a vaccine record that listed the right arm and arguing that the public medical record did not prove the required severity.

Chief Special Master Brian H. Corcoran found the left-arm situs supported by medical records and a spouse statement describing the bandage location.

He also found limited range of motion from the November 20, 2019 orthopedic examination, which recorded reduced forward flexion and abduction with stiffness and pain, and from the December 10, 2019 physical therapy plan to restore active range of motion. On October 9, 2025, the Chief Special Master found that Ms.

Frye had established a Table SIRVA. On November 7, 2025, he awarded $106,558.08: $105,000.00 for past pain and suffering and $1,558.08 for past unreimbursed expenses.

The award was payable by ACH deposit to counsel's IOLTA account for prompt disbursement to Sonya Frye Smith as estate representative. Ms.

Frye was represented by Chellis Garcia of Maglio Christopher & Toale.

Theory of causation

Influenza vaccine October 2, 2019 at age 67 causing left SIRVA. COMPENSATED. Respondent disputed vaccine situs and Table severity; CSM Corcoran credited left-arm evidence from medical records and spouse statement, and limited ROM evidence from November 20, 2019 orthopedics and December 10, 2019 PT. Entitlement granted October 9, 2025; damages November 7, 2025. Award $106,558.08 ($105,000 pain/suffering + $1,558.08 expenses) to estate representative Sonya Frye Smith because Ms. Frye died April 2, 2025 from unrelated causes. Attorney Chellis Garcia.

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