After a four-year recovery from a moderately severe shoulder injury, this claimant was awarded $125,000.00 in pain and suffering plus medical cost reimbursement.
Chatman v. Secretary of Health and Human Services
Case at a glance:
INJURY: SIRVA, muscle tear and nerve pinching
SYMPTOMS: pain, limited mobility
INJURY DURATION: ~4 years
VACCINE: flu shot (influenza vaccination)
VACCINE ADMINISTRATOR: Hospital where claimant volunteered
VACCINATION DATE: October 11, 2018
CASE OUTCOME: $125,000.00 for pain & suffering + $6,984.54 for expenses
CASE DURATION TO AWARD: ~3.5 years
Injured by a flu shot? Click here to learn more.
A Moderate but Long Lasting Injury
Ms. Chatman suffered a left shoulder injury after receiving a flu shot at Clarendon McLeod Hospital, where she worked as a volunteer. Although it is not specified, it is possible the shot was required as a condition of Ms. Chatman's work at the hospital, as is common.
Almost immediately after the shot, Ms. Chatman suffered pain and difficulty moving her left shoulder. The pain was of moderate intensity, but it persisted for nearly four years according to medical records.
In the four-year period of shoulder pain, Ms. Chatman underwent numerous medical visits with both her primary care provider and with multiple orthopedic specialists. She received seven injections of steroids and pain killers. She underwent an MRI scan which showed torn shoulder muscles. She also underwent sixty physical therapy sessions. Ultimately, all this conservative treatment failed to resolve her shoulder pain, so she underwent surgery to repair her torn shoulder muscle.
Shoulder Pain Challenged Due to Timing
Although Ms. Chatman consistently reported that her shoulder pain started with her flu shot, her claim for benefits faced two challenges.
First, the Department of Justice attorneys argued that Ms. Chatman's pain did not start with the injection because she waited three months before seeking shoulder treatment. The judge sided with Ms. Chatman, however, because she consistently associated her shoulder pain with the flu shot over the course of many, many medical treatments, and there was no other reasonable cause to explain the shoulder pain or symptoms.
"[A] finding of proper onset can be made based on such a record. Program petitioners are not required to seek medical care within 48 hours of vaccination in order to prove Table onset." – Chief Special Master Corcoran
Second, the opposing attorneys argued that Ms. Chatman saw her primary care provider for a tooth issue between her flu shot and her first appointment for shoulder pain, which meant that she was not yet suffering symptoms at that time. The judge again cited the extensive medical record and the consistency of Ms. Chatman's attributing her shoulder pain to the flu shot as determinative that her pain did start with the vaccination.
A Six-Figure Damages Flu Shot Recovery
Based on the facts, the judge awarded $125,000.00 for flu shot recovery in pain and suffering, finding that Ms. Chatman suffered a moderate SIRVA injury.
The judge cited the four year injury duration and extended treatment with seven injections, sixty physical therapy sessions, and MRI scan and surgery as supporting a significant award. On the other hand, Ms. Chatman's mild to moderate pain intensity, and delay in seeking treatment served as factors limiting the award.
On this basis, the judge found that comparable cases warranted an award of $125,000.00.
TAKEAWAY: Consistency is Important
Forty-eight hour onset of symptoms can be a major problem in shoulder pain cases. This claimant likely saved her case by establishing a very thorough medical records with a lot of treatment and consistently, constantly referring to the flu shot as the cause of her shoulder pain.
Review the full decision here: Chatman v. Secretary of Health and Human Services
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