Alla Goldman v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Alla Goldman filed a petition for compensation under the National Vaccine Injury Compensation Program on November 6, 2016, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of receiving an influenza vaccination on October 23, 2015. Petitioner was represented by Muller Brazil LLP initially, and later by Richard Gage.
Respondent was represented by Kyle E. Pozza.
Special Master Thomas L. Gowen presided over the case.
The petition was initially assigned to the Special Processing Unit (SPU) docket. After settlement discussions failed, respondent filed a report on October 10, 2017, averring that the claim was not appropriate for entitlement under the Vaccine Act, as SIRVA was not yet listed on the Vaccine Injury Table at the time of filing, and even if it were, the claim would not meet the Table criteria due to lack of evidence of onset within 48 hours and evidence of a left-sided C8 radiculopathy.
Petitioner filed an amended petition on March 19, 2018, expressly alleging a SIRVA beginning within 48 hours of the influenza vaccine, as listed on the Table. Following further status conferences and discovery, including the retention of life care planners, a hearing on entitlement and damages was held via videoconference on May 19, 2020.
Petitioner, her husband Walter Goldman, and her treating physician Dr. Giovanni Ramundo testified.
Respondent presented no witnesses. In a ruling on entitlement dated November 2, 2020, Special Master Gowen found that petitioner established by a preponderance of the evidence that she suffered the onset of left shoulder pain within 48 hours of the flu vaccination and that the vaccination was the cause-in-fact of her injury.
The Special Master found that while SIRVA was not on the Table at the time of filing, the respondent acknowledged that flu vaccines can cause SIRVA, and the petitioner's case was consistent with the criteria later added to the Table. The Special Master found sufficient evidence of a logical sequence of cause and effect, supported by Dr.
Ramundo's opinion, that the flu vaccine caused her SIRVA. The Special Master also found that petitioner had no prior history of shoulder pain or dysfunction that would explain her injury, and that no other condition or abnormality present would explain her symptoms, despite evidence of a mild left C8 radiculopathy, which Dr.
Ramundo opined was not the cause of her pain. Consequently, Ms.
Goldman was found entitled to compensation. A subsequent decision on damages, dated December 17, 2020, awarded Ms.
Goldman a total of $158,948.00. This award comprised $75,000.00 for past pain and suffering, $21,602.00 for future pain and suffering (present value of $1,000.00 per year for 25 years), and $62,346.00 for future unreimbursed medical expenses.
The decision was signed by Special Master Thomas L. Gowen.
Theory of causation
Petitioner Alla Goldman, born in 1959, received an influenza vaccination on October 23, 2015. She alleged a left shoulder injury related to vaccine administration (SIRVA). The petition was filed on November 6, 2016. The Special Master found that petitioner experienced the onset of left shoulder pain within 48 hours of the vaccination, establishing a medically acceptable temporal relationship. Although SIRVA was not listed on the Vaccine Injury Table at the time of filing, the Special Master found sufficient evidence of a logical sequence of cause and effect, supported by the opinion of her treating physician, Dr. Giovanni Ramundo, that the flu vaccine caused her SIRVA. Dr. Ramundo opined that the flu vaccination led to bursitis and adhesive capsulitis in the left shoulder, which referred pain to her neck and caused headaches. The Special Master found that petitioner had no prior history of shoulder pain or dysfunction that would explain her injury and that no other condition or abnormality present would explain her symptoms, despite evidence of a mild left C8 radiculopathy, which Dr. Ramundo discounted as the cause of her pain. The Special Master concluded that the flu vaccination was the cause-in-fact of her left shoulder injury. Petitioner was awarded $158,948.00, consisting of $75,000.00 for past pain and suffering, $21,602.00 for future pain and suffering, and $62,346.00 for future unreimbursed medical expenses. Attorneys for petitioner were Richard Gage and Muller Brazil LLP. Attorney for respondent was Kyle E. Pozza. Special Master was Thomas L. Gowen. The decision date was January 6, 2021.