Timothy Selling v. HHS - Influenza, left shoulder injuries (2019)

Timothy Selling filed a petition for compensation under the National Vaccine Injury Compensation Program on May 18, 2016, alleging that the influenza vaccination he received on October 13, 2014, caused him to develop left shoulder injuries. The petition stated the injuries occurred immediately after vaccination.

The case underwent an initial period of informal resolution attempts, followed by transfers between special masters before being reassigned to Special Master Katherine E. Oler.

A fact hearing was held on April 4, 2018, where Mr. Selling and his wife testified.

Special Master Oler issued a Ruling on Onset on May 24, 2018, finding that Mr. Selling began experiencing left shoulder pain within 48 hours of his vaccination.

The respondent, the Secretary of Health and Human Services, initially preserved the right to appeal this finding but subsequently filed an Amended Rule 4(c) Report on June 18, 2018. In this report, the respondent accepted the Ruling on Onset as the law of the case and acknowledged that Mr.

Selling suffered Shoulder Injury Related to Vaccine Administration (SIRVA) as defined by the Vaccine Injury Table, agreeing that his condition had residual effects for more than six months. Based on the respondent's concessions, Special Master Oler issued a Ruling on Entitlement on June 21, 2018, finding Mr.

Selling entitled to compensation. A subsequent decision on damages was issued on July 30, 2019.

The medical records indicated that Mr. Selling, then 55 years old, received the flu vaccination in his left deltoid.

He reported shoulder pain and limited range of motion, leading to referrals for orthopedics and physical therapy. An MRI revealed a small rotator cuff tear and mild capsulitis in his left shoulder.

He underwent a manipulation procedure under general anesthesia on August 6, 2015, and received a steroid injection on December 23, 2015. Petitioner's psychotherapy services were deemed reasonably necessary and vaccine-related.

The Special Master awarded Mr. Selling a total of $114,505.82.

This amount comprised $105,000.00 for actual past pain and suffering and $9,505.82 for actual past unreimbursable expenses, which included $4,140.00 for psychotherapy services. Petitioner was represented by Maximillian J.

Muller of Muller Brazil, LLP, and the respondent was represented by Ryan D. Pyles of the U.S.

Department of Justice. Special Master Katherine E.

Oler presided over the case.