Marlene Civis v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2026)
Case summary [AI summaries can sometimes make mistakes]
On February 14, 2024, Marlene Civis filed a petition alleging that an influenza vaccination administered on January 26, 2022 caused a shoulder injury related to vaccine administration. A disputed fact issue arose over whether she could prove residual effects lasting more than six months.
Chief Special Master Brian H. Corcoran issued findings of fact on September 16, 2025.
The record showed that Ms. Civis attended physical therapy and still had diminished left-shoulder range of motion shortly before the six-month mark, though she cancelled additional therapy after August 25, 2022 and later had a gap in shoulder-focused care.
When she returned to orthopedics in May 2023, she reported ongoing shoulder pain and discomfort, but also neck symptoms, hand numbness and tingling, and possible cervical or neuropathic issues. The Special Master found the six-month severity element satisfied, while warning that the lengthy treatment gap and later mixed symptoms could limit damages.
Respondent then conceded entitlement, and a December 17, 2025 ruling found Ms. Civis entitled to compensation.
Damages were resolved by proffer. On March 9, 2026, Chief Special Master Corcoran awarded $71,807.32, consisting of $70,000.00 for pain and suffering and $1,807.32 for past unreimbursed expenses.
Theory of causation
Influenza vaccine on January 26, 2022, causing Table SIRVA; COMPENSATED. Fact ruling found six-month severity proven despite cancelled PT and a later gap in shoulder care; later symptoms included neck/hand complaints that could limit damages. Respondent conceded entitlement after fact ruling. Award $71,807.32 ($70,000 pain/suffering + $1,807.32 unreimbursed expenses). Chief SM Brian H. Corcoran, petition filed February 14, 2024; fact ruling September 16, 2025; entitlement December 17, 2025; damages March 9, 2026. Attorney: Maximillian J. Muller.