Larry Wolford v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2022)

On March 29, 2017, Larry Wolford filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine administered on November 11, 2015, caused a right shoulder injury related to vaccine administration (SIRVA). Mr.

Wolford, who was 53 years old at the time of vaccination, reported experiencing aching and stiffness the evening of the vaccination, with pain disturbing his sleep and worsening over the next day or two. He testified that the administering nurse felt the needle "tighten up" and "jerk" during administration.

His wife corroborated that the nurse commented on the "jerk" and warned of soreness. Mr.

Wolford began using a compression sock as a sling and found relief with Tylenol, ibuprofen, and Icy Hot. He was unable to comb his hair due to restricted arm movement.

Due to Dr. Patel's unavailability, Mr.

Wolford did not see another medical provider until February 16, 2016, approximately 97 days after vaccination, when he presented to chiropractor Dr. Jarrod Thacker with severe shoulder and arm pain.

Dr. Thacker diagnosed impingement syndrome and bursitis, providing exercises and stretches.

Mr. Wolford continued treatment with Dr.

Thacker through November 2016. An MRI of his right shoulder on March 1, 2016, showed changes consistent with impingement syndrome or bursitis.

Orthopedist Dr. Jamie Varney, whom Mr.

Wolford saw on April 18, 2016, diagnosed impingement syndrome and bursitis, noting that while MRIs showed chronic tendinopathy and bursitis, it was unlikely the flu shot caused the damage, suggesting pre-existing conditions and a downward sloping acromion. Dr.

Varney administered a cortisone injection. Petitioner's experts, Dr.

Jeffrey Boyd and Dr. Tony Korman, opined that the flu vaccine caused Mr.

Wolford's SIRVA through an immune-mediated inflammatory reaction due to unintentional injection into synovial tissues. They noted that pre-existing conditions could be aggravated by vaccination.

Respondent's expert, Dr. Paul Cagle, opined that the flu vaccination did not cause Mr.

Wolford's symptoms, attributing them to pre-existing conditions and occupational history, and questioning whether a standard needle could over-penetrate the deltoid muscle. Special Master Nora Beth Dorsey issued a Ruling on Entitlement on July 9, 2021, finding that Mr.

Wolford proved by a preponderance of the evidence that the flu vaccine caused his right shoulder injury, satisfying all three prongs of the Althen test. A separate damages decision was issued on July 11, 2022.

The Special Master awarded Mr. Wolford $70,000.00 for pain and suffering and $1,971.85 for out-of-pocket medical expenses, totaling $71,971.85.