Amber Scott v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2026)

Filed 2024-02-21Decided 2026-03-27Vaccine Influenza
compensated$50,000

Case summary [AI summaries can sometimes make mistakes]

On February 21, 2024, Amber Scott filed a petition alleging that an influenza vaccination administered on December 2, 2022 caused a shoulder injury related to vaccine administration. Respondent conceded entitlement in a Rule 4(c) report, stating that Ms.

Scott's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table, and Chief Special Master Brian H. Corcoran found her entitled to compensation on December 3, 2024.

The parties could not resolve damages informally. Ms.

Scott sought $72,000.00 for pain and suffering, while respondent proposed a lower range for what it characterized as a mild-to-moderate SIRVA. The damages record showed that she first sought care for left shoulder pain about forty days after vaccination, received a cortisone injection at that visit, and was diagnosed with adhesive capsulitis.

Her later treatment included an MRI showing tendinosis, edema, and subacromial bursitis; seven physical therapy sessions; two more steroid injections; and orthopedic visits through August 2023, when surgery was discussed. Ms.

Scott stated that her pain reached 8 to 9 out of 10 about two weeks after vaccination and stayed around 6 to 7 out of 10 during physical therapy. She described difficulty dressing, sleeping, cooking, and mountain-bike riding, and said she continued a home therapy program because she did not want surgery or the recovery time it would require.

Chief Special Master Corcoran found the injury mildly severe, with consistent treatment for about eight months, but less prolonged and aggressive than the higher-award comparator cases. On March 27, 2026, Chief Special Master Corcoran awarded $50,000.00 for actual pain and suffering.

No separate unreimbursed expenses, future expenses, or lost wages were awarded.

Theory of causation

Influenza vaccine on December 2, 2022, causing Table SIRVA; COMPENSATED. Respondent conceded entitlement. Damages record: first treatment about 40 days after vaccination, cortisone injection, adhesive capsulitis diagnosis, MRI showing tendinosis/edema/subacromial bursitis, seven PT sessions, three total steroid injections, orthopedic care through August 2023, surgery discussed but not pursued. Award $50,000 pain/suffering only. Chief SM Brian H. Corcoran, petition filed February 21, 2024; entitlement December 3, 2024; damages March 27, 2026. Attorney: Maximillian J. Muller, Muller Brazil.

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