Bonnie McClelland v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)

Bonnie McClelland, a 67-year-old widow, filed a petition for compensation under the National Vaccine Injury Compensation Program on April 18, 2024. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on September 16, 2022.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on October 16, 2024, conceding that Ms. McClelland was entitled to compensation and that her alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table.

Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on October 22, 2024, finding Ms.

McClelland entitled to compensation. The parties were unable to agree on damages, leading to a hearing on April 30, 2025.

Ms. McClelland received the influenza vaccine in her dominant right arm on September 16, 2022.

Ten days later, she reported pain and limited range of motion in her shoulder. Her condition progressed, leading to a diagnosis of new onset of rotator cuff tendinitis, a Type II B SLAP tear, partial tearing of the supraspinatus and subscapularis tendons, and mild tendinosis of the infraspinatus and biceps tendons, as visualized on an MRI.

She underwent arthroscopic surgery on February 1, 2023, for rotator cuff repair, superior labral tear repair, and related procedures. Following surgery and physical therapy, Ms.

McClelland reported significant recovery with no pain by April 2023, though she was cautioned against heavy lifting. In her petition, Ms.

McClelland sought $108,000.00 for past pain and suffering, citing prior SIRVA cases. The respondent proposed an award of $77,500.00, arguing that her pain and suffering was limited and her recovery was good.

Chief Special Master Corcoran, in a decision issued May 30, 2025, awarded Ms. McClelland $105,000.00 for past pain and suffering.

The Special Master noted that a six-figure baseline is generally appropriate for SIRVA surgery cases and found the award comparable to prior cases, considering the severity and duration of the injury, the necessity of surgery, and the fact that the surgery was more invasive than in some comparable cases. The award was for past pain and suffering only.

Petitioner was represented by John Robert Howie of Howie Law, PC, and Respondent was represented by Dorian Hurley of the U.S. Department of Justice.

The decision was issued by Chief Special Master Brian H. Corcoran.