Crystal Richardson v. HHS - Influenza, left-sided shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
Crystal Richardson filed a petition for compensation under the National Vaccine Injury Compensation Program on January 27, 2023, alleging that she suffered a left-sided shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on October 21, 2020. Ms.
Richardson was 34 years old at the time of vaccination. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms.
Richardson's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that she satisfied all legal prerequisites for compensation. Chief Special Master Brian H.
Corcoran issued a Ruling on Entitlement on December 11, 2023, finding Ms. Richardson entitled to compensation.
The parties were unable to agree on a damages figure, leading to a "Motions Day" proceeding on February 28, 2025. The public decision, issued by Chief Special Master Corcoran on April 4, 2025, awarded Ms.
Richardson a lump sum of $129,489.53. This amount included $1,989.53 for past unreimbursable expenses, which the parties stipulated to, and $127,500.00 for past pain and suffering.
The decision noted that Ms. Richardson, a mother of two, sought medical attention within 12 days of vaccination for her left shoulder pain.
Her treatment included physical therapy, a steroid injection, and ultimately arthroscopic surgery on February 2, 2021, for subacromial decompression, debridement, and capsular release. Following surgery and further physical therapy, her shoulder substantially recovered by August 2021, although she experienced occasional soreness and discomfort.
The Special Master considered prior case law, including Wilson, Rafferty, and Meyers, when determining the award for pain and suffering, noting similarities and differences in treatment duration, severity, and impact on personal life, particularly Ms. Richardson's caregiving obligations for her young children.
The award was paid through an ACH deposit to petitioner's counsel's IOLTA account. Heather V.
Menezes of Shaheen & Gordon P.A. represented the petitioner, and Adam Nemeth Muffett of the U.S. Department of Justice represented the respondent.
Theory of causation
Petitioner Crystal Richardson, age 34, received an influenza vaccine on October 21, 2020, and subsequently developed a left-sided shoulder injury related to vaccine administration (SIRVA). Respondent conceded that the injury was consistent with SIRVA as defined by the Vaccine Injury Table and that Petitioner met the legal prerequisites for compensation. The case proceeded to a damages determination. Petitioner sought $127,500.00 for past pain and suffering, citing prior cases like Wilson, Rafferty, and Nute. Respondent argued this amount was excessive, referencing cases like Meyers. Chief Special Master Brian H. Corcoran awarded $127,500.00 for past pain and suffering, considering the severity and duration of the injury, the need for arthroscopic surgery (subacromial decompression, debridement, and capsular release), and the impact on Petitioner's ability to care for her two young children. The total award was $129,489.53, including $1,989.53 in stipulated past unreimbursable expenses. The decision was issued on April 4, 2025. Petitioner was represented by Heather V. Menezes (Shaheen & Gordon P.A.) and Respondent by Adam Nemeth Muffett (U.S. Department of Justice).
Source PDFs
USCOURTS-cofc-1_23-vv-00122