Janine Etchebarren-Scholes v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)

On August 2, 2022, Janine Etchebarren-Scholes filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) or complex regional pain syndrome (CRPS) as a result of an influenza vaccine she received on September 17, 2020, in her right shoulder. She further alleged that her symptoms persisted for more than six months.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner was entitled to compensation. The respondent stated that the petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting that she had no prior history of pain, inflammation, or dysfunction of her right shoulder that would explain the findings, that pain occurred within 48 hours after receipt of the vaccination, that the pain was limited to the shoulder in which the vaccine was administered, and that no other condition or abnormality was identified to explain the shoulder pain.

The respondent also agreed that the petitioner suffered residual effects of her condition for more than six months, satisfying the legal prerequisites for compensation. On November 8, 2023, Chief Special Master Brian H.

Corcoran issued a ruling on entitlement in favor of Ms. Etchebarren-Scholes.

Following a dispute over damages, the parties briefed the issue, and a damages hearing was held on April 30, 2025. Ms.

Etchebarren-Scholes was 54 years old at the time of vaccination. Her past medical history included bilateral shoulder x-rays three years prior due to pain and some complaints of bilateral shoulder pain in March 2020, though the respondent did not argue these contributed to her SIRVA injury.

Eleven days after vaccination, she presented with right arm pain, decreased range of motion, and was diagnosed with bursitis, for which she was prescribed Prednisone. She experienced increasing pain and limited mobility, prompting her to seek further treatment.

She received a right subacromial cortisone injection on November 4, 2020, which provided some mobility but not pain relief. She consulted her neurologist, Dr.

Justin Cho, concerned about CRPS or brachial neuritis, but he was less suspicious of CRPS based on her exam and noted brachial neuritis would be unusual from a local injection. An MRI on December 16, 2020, revealed a rotator cuff tear and bursitis.

She underwent a right shoulder arthroscopy with rotator cuff repair on May 10, 2022, approximately 22 months post-vaccination. She also received a second cortisone injection on January 17, 2021, and experienced pain related to her rotator cuff tear.

She saw orthopedic surgeon Dr. Sarah Lewis, who noted a "CRPS like response" and referred her to a pain management program.

She also received treatment for carpal tunnel syndrome and cervical spondylosis. Another orthopedic surgeon, Dr.

Michael Charles, recommended surgery, which she underwent on May 10, 2022. Post-surgery, she underwent physical therapy and reported significant improvement in pain and range of motion by October 2022.

She also underwent surgery for cubital tunnel and carpal tunnel syndrome in October 2022. In a declaration dated December 5, 2024, Ms.

Etchebarren-Scholes described daily pain, inability to take pain medication due to stomach issues, and limitations in activities such as archery, swimming, and showering. She also reported a decline in mental health and impact on her job as a caretaker, having missed 123 days of work.

Petitioner argued for $137,000 for pain and suffering, citing cases with similar or higher awards, emphasizing the 26-month duration of her injury and treatment. Respondent argued for a lower award, citing the case of Felland v.

Sec’y of Health & Human Servs., which awarded $100,000, and contended that Petitioner's comorbidities, such as cervical spondylosis and carpal tunnel syndrome, were not related to her SIRVA injury and should not be considered in the damages calculation. Chief Special Master Corcoran found that while the Felland case was a useful comparison, it was insufficient given the 26-month duration of Ms.

Etchebarren-Scholes's injury and treatment. He also noted that while Petitioner cited cases with higher awards, those claimants often received more physical therapy and did not have the same comorbidities.

Considering the length of injury, the severity, and the comorbidities, Chief Special Master Corcoran awarded Ms. Etchebarren-Scholes a lump sum of $115,000.00 for her actual pain and suffering on June 10, 2025.

Petitioner was represented by Paul R. Brazil of Muller Brazil, LLP, and Respondent was represented by Emily H.

Manoso and later Mary Novakovic of the U.S. Department of Justice.

The decision was issued by Chief Special Master Brian H. Corcoran.