Case No. 19-1107V

Details

An award of $81,064.82 was obtained by David Carney and his vaccine litigation team for their client who suffered a shoulder injury after a flu shot. In October 2018, Sandra B. received an influenza vaccination in her right shoulder. Prior to her flu vaccination, Sandra did not have a history of right shoulder pain or any shoulder-related issues. However, nineteen days after her vaccination, Sandra called her primary doctor to report that after receiving her flu shot her arm was sore, bruised, and weak. Sandra visited her primary care doctor a couple of weeks later because she was still experiencing pain in her right shoulder and had a limited range of motion. Sandra was prescribed medication and underwent an x-ray, ultrasound, and MRI which showed Sandra had a partial tear in her right rotator cuff. While steroid injections, medications, physical therapy, and surgery were recommended options for treatment, Sandra chose conservative management and physical therapy. About seven months after her vaccination and attending multiple physical therapy sessions, Sandra still had significant limitations in her range of motion in her right arm and was still unable to use her arm as she was able to prior to her flu vaccine. Sandra’s case was contested by the Department of Health and Human Services and the U.S. Department of Justice (Departments), who argued that Sandra was not eligible for compensation. The Departments contended that there was no proof of which of Sandra’s arms was vaccinated because the reporting of the vaccine was not clearly documented, and there was insufficient evidence that Sandra felt shoulder pain within 48 hours of the vaccination. Attorney Carney presented sound and supporting evidence that Sandra was vaccinated in her right arm, and she felt the onset of her SIRVA within 48 hours of the vaccination. The Court determined that the evidence provided by Attorney Carney proved that Sandra developed her right shoulder pain within 48 hours after the vaccination, and he also proved that the vaccine was administered in Sandra’s right shoulder. Thus, the Court agreed with Attorney Carney that Sandra met the requirements and was eligible for compensation. Sandra was awarded $80,000.00 for pain and suffering, and $1,064.82 for unreimbursed medical expenses, making the total award of $81,064.82 for Sandra’s SIRVA claim.