Marlene Swords v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
Marlene Swords, an eighty-year-old adult, filed a petition for compensation under the National Vaccine Injury Compensation Program on August 9, 2023. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on February 10, 2022.
Ms. Swords stated she had no prior history of shoulder issues in her left arm, that pain occurred within 48 hours after the vaccination, and that the pain and reduced range of motion were limited to the vaccinated shoulder.
The respondent, the Secretary of Health and Human Services, reviewed the case and filed a Rule 4(c) report on December 27, 2024, conceding entitlement to compensation. The respondent agreed that Ms.
Swords had suffered the residual effects of her condition for more than six months and had satisfied all legal prerequisites for compensation under the Act. On January 3, 2025, Chief Special Master Brian H.
Corcoran issued a ruling on entitlement, finding Ms. Swords entitled to compensation.
Subsequently, on February 3, 2025, Chief Special Master Corcoran issued a decision awarding damages based on a proffer agreed to by both parties. The award totaled $57,560.00, consisting of $57,500.00 for pain and suffering and $60.00 for past unreimbursable expenses.
The award was to be paid as a lump sum check to Ms. Swords.
Petitioner was represented by Bridget C. McCullough of Muller Brazil, LLP, and respondent was represented by Rachelle Bishop of the U.S.
Department of Justice. The public decision does not describe the specific medical experts consulted or the detailed mechanism of injury beyond its classification as SIRVA.
Theory of causation
Petitioner Marlene Swords, age 80, received an influenza vaccination on February 10, 2022. She alleged a shoulder injury related to vaccine administration (SIRVA) with onset within 48 hours, characterized by pain and reduced range of motion in the vaccinated left shoulder, with no prior history of shoulder issues. The respondent conceded entitlement, agreeing that the injury was consistent with SIRVA as defined by the Vaccine Injury Table, that the condition's residual effects lasted more than six months, and that all legal prerequisites for compensation were met. The public text does not name specific medical experts or detail the precise mechanism of injury, but notes the diagnosis of SIRVA and subacromial bursitis secondary to improper vaccine location. The parties stipulated to an award of $57,560.00, comprising $57,500.00 for pain and suffering and $60.00 for past unreimbursable expenses. Chief Special Master Brian H. Corcoran issued the ruling on entitlement on January 3, 2025, and the decision awarding damages on February 3, 2025. Petitioner's counsel was Bridget C. McCullough, and respondent's counsel was Rachelle Bishop.
Source PDFs
USCOURTS-cofc-1_23-vv-01270