Sherry Matthews v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
Sherry Matthews filed a petition for compensation under the National Vaccine Injury Compensation Program on September 28, 2022. She alleged that after receiving influenza and pneumococcal conjugate vaccines on November 16, 2020, she suffered a left shoulder injury related to vaccine administration (SIRVA), which is a condition listed on the Vaccine Injury Table.
Ms. Matthews reported that she first noticed pain in her left shoulder the morning after her vaccinations.
The respondent initially disputed whether the onset of pain met the 48-hour requirement for a Table SIRVA. However, Chief Special Master Brian H.
Corcoran found that the onset of Ms. Matthews' left shoulder pain occurred within 48 hours of vaccination and that she satisfied the other requirements for a compensable Table SIRVA injury, thus entitling her to compensation.
The decision on entitlement was issued on June 17, 2024. Following the entitlement ruling, the parties were unable to resolve the issue of damages, leading to further briefing.
On September 9, 2025, Chief Special Master Corcoran issued a decision awarding Ms. Matthews $80,929.99.
This award comprised $80,000.00 for actual pain and suffering, $192.76 for past unreimbursable expenses, and $737.23 for vaccine-related Medicaid expenses. The Special Master considered the moderate pain levels, the procedure required (manipulation under general anesthesia), and Ms.
Matthews' pre-existing conditions in determining the award. The public decision does not describe the specific symptoms, diagnostic tests, or the mechanism of injury beyond the general description of SIRVA.
Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and the respondent was represented by Benjamin Rex Eisenberg of the U.S. Department of Justice.
Theory of causation
Petitioner Sherry Matthews received influenza and pneumococcal conjugate vaccines on November 16, 2020. She alleged a left shoulder injury related to vaccine administration (SIRVA), a condition listed on the Vaccine Injury Table. The Special Master found that Ms. Matthews established entitlement to compensation, determining that her pain onset occurred within 48 hours of vaccination, and that her symptoms lasted more than six months, with no other condition explaining her symptoms. The public text does not detail the specific mechanism of injury or name any medical experts. The Special Master awarded $80,929.99, consisting of $80,000.00 for pain and suffering, $192.76 for past unreimbursable expenses, and $737.23 for Medicaid expenses. The decision on entitlement was issued on June 17, 2024, and the decision awarding damages was issued on September 9, 2025. Petitioner's counsel was Ronald Craig Homer, and respondent's counsel was Benjamin Rex Eisenberg.
Source PDFs
USCOURTS-cofc-1_22-vv-01396