Alceo Lucarelli v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)

On December 29, 2016, Alceo Lucarelli filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccination received on October 20, 2014, caused him to suffer a shoulder injury related to vaccine administration (SIRVA). Mr.

Lucarelli, born July 22, 1942, received the flu shot in his left deltoid. He reported that the vaccination was painful and that within days, the pain intensified, starting at the injection site and radiating down his left arm.

His medical history prior to the vaccination did not reflect any shoulder pain. Mr.

Lucarelli's condition progressed, and he began experiencing pain in his right shoulder as well. Medical evaluations included an EMG and nerve conduction study, which showed no evidence of motor sensory neuropathy but did show evidence of left carpal tunnel syndrome.

An X-ray revealed a small olecranon bone spur with adjacent soft tissue swelling suggesting bursitis. An MRI of his left shoulder showed tendinosis, mild fluid/edema within the subacromial subdeltoid bursa, and moderate-to-advanced acromioclavicular joint arthrosis with marginal osteophyte formation and capsular hypertrophy.

An MRI of his cervical spine showed multilevel and multifactorial central canal and foraminal stenosis with underlying cord compression. Petitioner's expert, Dr.

Marko Bodor, a physician with experience in neuromuscular and sports medicine, opined that the flu vaccination likely entered Mr. Lucarelli's subdeltoid bursa and rotator cuff, causing inflammation that led to shoulder impingement.

Dr. Bodor explained that pre-existing acromioclavicular joint hypertrophy or osteoarthritis, common in men over 50 involved in manual labor, could be exacerbated by the acute inflammatory response from the vaccine, precipitating impingement symptoms.

He further theorized that compensatory movements for left shoulder pain could increase load on the cervical spine, precipitating spinal stenosis symptoms, which could explain the pain in the right shoulder and down both arms, described as classic symptoms of cervical central spinal stenosis. Dr.

Bodor concluded that the vaccination was, more likely than not, the cause of Mr. Lucarelli's symptoms.

Respondent initially suggested that pre-existing conditions explained the symptoms but later joined in a motion for a ruling on entitlement. On February 4, 2019, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement, finding that Mr.

Lucarelli met the "causation-in-fact" standard under Althen v. HHS, concluding that the vaccination was a substantial factor in causing his SIRVA, despite the pain extending to the non-vaccinated shoulder, which Dr.

Bodor explained through compensatory mechanisms and cervical spine issues. The Special Master found a logical sequence of cause and effect between the vaccination and the injury.

Following the entitlement ruling, the parties negotiated damages. On November 12, 2019, Chief Special Master Dorsey issued a decision awarding Mr.

Lucarelli $80,000.00 for past pain and suffering and $380.54 for past unreimbursable medical expenses, totaling $80,380.54. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and Respondent was represented by Voris Edward Johnson of the U.S.

Department of Justice.