Barbara Beckmann v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
On September 14, 2022, Barbara Beckmann filed a petition alleging that an influenza vaccination administered in her right shoulder on September 4, 2021 caused a shoulder injury related to vaccine administration. Respondent conceded entitlement in a Rule 4(c) report, concluding that Ms.
Beckmann's injury was consistent with Table SIRVA and that the legal prerequisites for compensation were met. Chief Special Master Brian H.
Corcoran found entitlement on November 7, 2023. The damages decision described a concrete treatment story.
Ms. Beckmann reported shoulder pain on September 29, 2021, stating that it began two hours after vaccination and reached eight to ten out of ten.
X-ray showed mild degenerative changes, examination showed reduced range of motion and weakness, and she received a steroid injection. Physical therapy began on October 7, 2021.
By October 15, she reported that the injection had not helped much and that therapy made the shoulder more painful. An October 20 MRI showed bursitis.
On November 16, 2021, she underwent arthroscopic surgery with debridement and subacromial decompression. She then attended nineteen more therapy sessions between November 2021 and April 2022; by February 28 her pain was zero to five out of ten, and by April 5 she had full unrestricted range of motion, great strength, and no impingement signs.
Ms. Beckmann sought a six-figure pain and suffering award, while respondent argued for $75,000.00 to $85,000.00.
The Chief Special Master found she had suffered a moderate SIRVA for about seven months, with meaningful early pain, MRI, injection, twenty-five total therapy sessions, and surgery. On November 4, 2024, he awarded $115,308.27: $115,000.00 for actual pain and suffering and $308.27 for out-of-pocket expenses.
Theory of causation
Adult petitioner; influenza vaccine right shoulder September 4, 2021; Table SIRVA with pain beginning two hours after vaccination. COMPENSATED. Respondent conceded entitlement. Clinical course: Sept 29 pain 8-10/10, reduced ROM/weakness, steroid injection; PT starting Oct 7; injection little benefit; Oct 20 MRI bursitis; Nov 16 arthroscopic debridement/subacromial decompression; 25 total PT sessions; improvement to full ROM/no impingement by Apr 2022. Award Nov 4, 2024: $115,308.27 = $115,000.00 pain/suffering + $308.27 expenses. SM Corcoran. Petition filed September 14, 2022.
Source PDFs
USCOURTS-cofc-1_22-vv-01289