Ross Vinocur v. HHS - Influenza, adhesive capsulitis (2020)

Ross Vinocur filed a petition for compensation under the National Vaccine Injury Compensation Program for a left shoulder injury, diagnosed as adhesive capsulitis, allegedly caused by an influenza vaccination he received on November 9, 2014. The case was assigned to the Special Processing Unit.

After a fact hearing, the Chief Special Master issued a ruling on entitlement, finding that petitioner's condition met the criteria for a Table injury of Shoulder Injury Related to Vaccine Administration (SIRVA) and that causation was presumed. The decision noted that while petitioner had a history of adhesive capsulitis in his right shoulder in 2010 and hand tremors, these did not preclude entitlement for the left shoulder injury.

The court found that the onset of pain occurred immediately upon vaccination, within the required 48-hour window, and that the pain and limited range of motion were confined to the left shoulder. The respondent had argued against entitlement due to a delay in seeking treatment and the presence of prior conditions, but these arguments were not persuasive.

Subsequently, a decision awarding damages was issued. The court awarded Ross Vinocur $70,705.23, comprising $70,000.00 for actual pain and suffering and $705.23 for actual unreimbursable expenses.

The court found that while the petitioner experienced significant pain and limited range of motion during his initial treatment period of approximately four months, his condition improved significantly, and he did not demonstrate entitlement to compensation for projected pain and suffering or future damages. The award was based on the severity and duration of his past pain and suffering, comparing it to other SIRVA cases.