Joanne Costello v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2026)

Filed 2023-03-24Decided 2026-03-25Vaccine Influenza
compensated$49,426

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.

Source PDFs 2 total · 2 downloaded