Robert Wallace v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2019)

Robert Wallace, a 79-year-old male, filed a petition for compensation under the National Vaccine Injury Compensation Program on November 8, 2016. He alleged that he suffered a left shoulder injury as a result of an influenza vaccine he received on October 17, 2015.

The respondent, the Secretary of Health and Human Services, filed a report on July 10, 2017, conceding that Mr. Wallace was entitled to compensation.

The respondent determined that the petitioner's left shoulder injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and was caused-in-fact by the flu vaccine. The respondent noted that no other causes were identified and that the petitioner suffered sequelae of his injury for more than six months, meeting the statutory requirements for entitlement.

A ruling on entitlement was issued by Chief Special Master Nora Beth Dorsey on July 11, 2017. Subsequently, the parties proceeded to determine damages.

Petitioner sought $146,219.47, comprising $140,000.00 for actual pain and suffering, $5,000.00 for projected pain and suffering, and $1,219.47 for past unreimbursable medical expenses. Respondent argued for an award of $107,000.00 for pain and suffering, stating that the medical records did not document a need for immediate or consistent ongoing treatment, nor ongoing pain necessitating a higher award.

The public decision does not name petitioner's counsel or respondent's counsel. On September 17, 2019, Chief Special Master Nora Beth Dorsey issued a decision awarding damages.

The decision detailed Mr. Wallace's medical history following the vaccination, including initial pain, loss of range of motion, weakness, and numbness in his left arm and hand.

He received physical therapy, saw multiple orthopedic specialists, underwent MRIs, and was prescribed medication. His symptoms persisted for approximately 28 months, including significant sleep deprivation, fatigue, and depression.

He eventually underwent surgery on December 28, 2017, for a biceps tendon tear, superior labral tear, and impingement. Post-surgery, his condition improved markedly, and by the summer of 2018, he had almost completely regained his prior level of functioning, though occasional aches persisted.

The Special Master found that Mr. Wallace had full awareness of his suffering.

Considering the severity and duration of his injury, including the surgery and the approximately 28 months of documented moderate pain and suffering, the Special Master awarded $125,000.00 for past pain and suffering. The Special Master found that Mr.

Wallace had not met his burden to demonstrate entitlement to an award for future pain and suffering, as his medical records indicated significant improvement post-surgery with no further documented symptoms or treatment after February 19, 2018. The Special Master awarded the full requested amount of $1,219.47 for past unreimbursable medical expenses.

No award was made for lost wages. The total award was $126,219.47, consisting of $125,000.00 for past pain and suffering and $1,219.47 for past unreimbursable medical expenses.