Richard Knauss v. HHS - Pneumococcal, right shoulder injury related to vaccine administration (SIRVA) (2018)

Richard Knauss filed a petition for compensation under the National Vaccine Injury Compensation Program on October 20, 2016, alleging he suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving a pneumococcal conjugate vaccine (Prevnar 13) on September 9, 2015. The Secretary of Health and Human Services, respondent, conceded entitlement to compensation, finding the injury consistent with SIRVA.

A ruling on entitlement was issued by Chief Special Master Nora Beth Dorsey on September 5, 2017. The parties proceeded to a damages hearing.

Mr. Knauss, a 72-year-old man at the time of vaccination, received the pneumococcal vaccine in his right arm and an influenza vaccine in his left arm on September 9, 2015.

He reported pain and restricted range of motion in his right shoulder starting on the day of vaccination. He sought treatment approximately three months later, on December 2, 2015, with Dr.

Mark Koshar, who noted pain radiating down the arm and weakness. An X-ray on December 3, 2015, showed no fracture, dislocation, or degenerative changes.

Mr. Knauss began physical therapy on December 16, 2015, reporting improvement but continued pain with reaching, lifting, and carrying.

By January 13, 2016, he felt 75% improved. He sought further medical treatment on February 4, 2016, with continued restricted range of motion due to discomfort.

On February 10, 2016, Dr. Dale Federico noted pain with impingement tests and suggested a cortisone injection, though none was administered.

An MRI on February 16, 2016, showed rotator cuff tendinosis and mild reactive edema. Mr.

Knauss continued physical therapy, reporting 94% improvement by February 17, 2016, though still experiencing pain with lifting. He canceled further physical therapy sessions.

Approximately six months later, on August 29, 2016, he saw a second orthopedist, Dr. Kenneth Brislin, reporting improved range of motion but inability to perform certain activities like swimming and continued pain at night.

Dr. Brislin diagnosed a disorder of the bursa of the shoulder region and ordered a second MRI, which showed tendinosis and some bursitis, and a small partial-thickness rotator cuff tear.

A steroid injection was provided on September 12, 2016. Mr.

Knauss's injury impacted his ability to participate in international volunteer work, forcing him to cancel a trip to Argentina in 2015 and be unable to attend a trip to Spain. At the time of the damages hearing on December 14, 2017, Mr.

Knauss testified that he could swim again, though not perform the butterfly stroke, and had regained the ability to do the backstroke. He stated he had no current pain in his right shoulder, though he still experienced some hand tremor.

He continued to handle household tasks and local volunteering. Petitioner counsel was Paul R.

Brazil of Muller Brazil, LLP. Respondent counsel was Robert Paul Coleman, III, of the U.S.

Department of Justice. Chief Special Master Nora Beth Dorsey awarded Mr.

Knauss $60,000.00 for pain and suffering and $170.00 for past unreimbursable medical expenses, for a total award of $60,170.00. The court found that future pain and suffering damages were not supported by the evidence, as Mr.

Knauss reported no current pain and had regained significant function. The decision was issued on July 9, 2018.