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

On January 4, 2017, Anthony Capasso filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine administered on November 14, 2015, caused a shoulder injury related to vaccine administration (SIRVA) to his left shoulder. Mr.

Capasso, who was 41 years old at the time, reported experiencing pain in his left shoulder the day after vaccination, which worsened over the next few days. He sought medical attention 19 days later, on December 3, 2015, reporting swelling and pain.

His primary care physician diagnosed a contusion of the left deltoid region and advised ice, range of motion exercises, and ibuprofen. Mr.

Capasso's pain persisted, and he presented for his annual exam on January 15, 2016, still complaining of discomfort. He began physical therapy on February 22, 2016, reporting severe pain (6-9 out of 10) and impairments in his shoulder's range of motion and strength.

He completed six weeks of physical therapy, and by March 24, 2016, his pain-free active range of motion had returned, and his strength was 5 out of 5. However, he experienced a return of similar pain about a month after discharge.

On June 3, 2016, he returned to his primary care physician with continued pain, and an MRI on July 6, 2016, revealed a partial-thickness tearing and/or tendinopathy of the infraspinatus. Mr.

Capasso's wife and a coworker provided affidavits detailing the impact of his pain on his daily activities and work. The respondent initially found the case appropriate for settlement but later argued against compensation, asserting that the onset of pain was not within 48 hours and that the six-month severity requirement was not met, suggesting alternative causes for the injury.

The Special Master, Nora Beth Dorsey, issued a ruling on August 3, 2018, finding that Mr. Capasso's injury met the criteria for SIRVA, that the onset of pain occurred within 48 hours of vaccination, and that the six-month severity requirement was satisfied.

The case proceeded to a damages phase. On October 18, 2019, Chief Special Master Dorsey issued a decision awarding Mr.

Capasso $75,000.00 for pain and suffering and $190.00 for past unreimbursable medical expenses, totaling $75,190.00. Petitioner was represented by Shealene Priscilla Mancuso of Muller Brazil, LLP, and respondent was represented by Daniel Anthony Principato of the U.S.

Department of Justice.