Joanne Costello v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2026)
Case summary [AI summaries can sometimes make mistakes]
On March 24, 2023, Joanne Costello filed a petition alleging that an influenza vaccination administered on September 29, 2020 caused a right shoulder injury related to vaccine administration. The entitlement and damages decisions identify the case caption as Cunningham v.
Secretary of HHS, but the petitioner's curated name remains Joanne Costello. She was 56 years old at vaccination.
Respondent opposed entitlement. The record showed that Ms.
Costello received the flu vaccine intramuscularly in her right deltoid at a CVS pharmacy and alleged same-day right shoulder symptoms. Chief Special Master Brian H.
Corcoran found entitlement on May 23, 2025, concluding that the record supported a Table SIRVA claim. Damages were decided after briefing.
The Special Master found the injury relatively modest compared with more severe SIRVA cases, noting limited proof of reduced range of motion and a clinical course that supported a lower award. On March 25, 2026, he awarded $49,426.91: $48,000.00 for actual pain and suffering and $1,426.91 to satisfy a State of Maryland Medicaid lien.
Theory of causation
Influenza vaccine on September 29, 2020, at age 56, causing right Table SIRVA; COMPENSATED. Respondent opposed entitlement; Chief SM Corcoran found Table SIRVA proven. Damages ruling found a relatively modest SIRVA course with limited ROM proof. Award $49,426.91 ($48,000 pain/suffering + $1,426.91 Maryland Medicaid lien). Petition filed March 24, 2023; entitlement May 23, 2025; damages March 25, 2026.
Source PDFs
USCOURTS-cofc-1_23-vv-00411