Nicole Schaefer v. HHS - HPV, right shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
On September 25, 2023, Nicole Schaefer filed a petition alleging that a human papillomavirus vaccination administered in her right arm on October 29, 2021 caused a right-sided SIRVA. Respondent's proffer stated that she was forty-one years old when vaccinated.
The medical history in the public proffer noted prior right-shoulder pain in 2018, but the records showed it had resolved nearly three years before the HPV vaccination. On October 30, 2021, one day after vaccination, Ms.
Schaefer went to urgent care reporting right-shoulder pain after feeling pain during the injection. She had limited range of motion and was prescribed Toradol.
Later care included a diagnosis of rotator cuff tendinosis, physical therapy, steroid injections, and surgery, followed by more physical therapy. By April 2023, her provider noted much improved range of motion and progress, although some pain remained.
Respondent conceded entitlement, finding no unresolved pre-vaccination right-shoulder problem, pain within forty-eight hours, pain limited to the vaccinated shoulder, no other identified cause, and residual effects lasting more than six months. On February 10, 2025, Chief Special Master Brian H.
Corcoran found entitlement and awarded $137,539.40: $132,500.00 for pain and suffering and $5,039.40 for past unreimbursable expenses.
Theory of causation
Adult age 41; HPV vaccine right arm October 29, 2021; right Table SIRVA, onset October 30, 2021 (1 day). COMPENSATED. Source facts: prior right shoulder pain in 2018 resolved; urgent care next day with limited ROM; rotator cuff tendinosis; PT, steroid injections, surgery, post-op PT; residual effects >6 months. Respondent conceded Table criteria. Award $137,539.40 = $132,500.00 pain/suffering + $5,039.40 expenses. SM Corcoran February 10, 2025. Petition filed September 25, 2023.
Source PDFs
USCOURTS-cofc-1_23-vv-01641