{"package_id":"USCOURTS-cofc-1_17-vv-00799","decision_granule_id":"USCOURTS-cofc-1_17-vv-00799-0","petitioner_identifier":"Ashok Pahwa","is_minor":0,"age_at_vaccination":60.0,"age_unit_raw":"years","vaccine_type":"influenza","vaccination_date":"2015-09-16","condition_raw":"shoulder injury related to vaccine administration (SIRVA)","condition_category":"SIRVA","autism_spectrum_adjacent":0,"outcome":"entitlement_granted_pending_damages","award_amount_usd":null,"decision_date":"2021-07-16","extraction_version":"gemini-v2","extracted_at":"2026-04-30T05:01:14.220724+00:00","number_of_concurrent_vaccines":1,"dose_number":null,"time_to_onset_days":0,"theory_of_causation":"Petitioner Ashok Pahwa, age 60, received an influenza vaccine on September 16, 2015, and alleged a Shoulder Injury Related to Vaccine Administration (SIRVA). Petitioner claimed immediate onset of left shoulder pain and limited range of motion following the vaccination, which persisted for over six months. Petitioner's treating physician, Dr. Sudhir Vaidya, opined that Petitioner suffered from SIRVA, citing chronic shoulder bursitis and capsulitis, and that the symptoms were consistent with adhesive capsulitis following vaccine administration, with no other intervening cause. Respondent argued that the onset of pain was not within the 48-hour window for a Table SIRVA claim and that EMG results showing cervical radiculopathy could explain the symptoms. Petitioner's expert, Dr. Vaidya, concluded that the cervical radiculopathy did not explain Petitioner's symptoms. The Special Master, Katherine E. Oler, found Petitioner's testimony regarding immediate onset of pain credible and accepted Dr. Vaidya's conclusion that cervical radiculopathy did not explain the shoulder symptoms. The Special Master found that Petitioner met the criteria for a Table SIRVA, including onset within 48 hours, pain limited to the vaccinated shoulder, and no other explanatory condition. Entitlement was granted, pending damages. Petitioner was represented by Isaiah Richard Kalinowski, and Respondent by Althea Walker Davis.","is_death":0,"date_of_death":null,"petition_filed_date":"2017-06-14","case_summary":"On June 14, 2017, Ashok Pahwa filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on September 16, 2015. Mr. Pahwa, who was 60 years old at the time, received the Afluria influenza vaccine at a CVS Pharmacy. He stated that he experienced soreness in his left shoulder area immediately after the vaccination, which he initially believed would resolve on its own. Due to his general aversion to seeking medical treatment unless necessary, his busy work travel schedule, and the belief that the pain was a normal post-vaccination soreness, he did not seek medical attention for several months. He eventually saw his treating physician, Dr. Sudhir Vaidya, on June 30, 2016, complaining of weakness in his left shoulder following the flu shot and inquiring if it was related to the vaccination. Dr. Vaidya assessed him with deltoid palsy secondary to the injection and recommended home exercises. Mr. Pahwa returned to Dr. Vaidya on September 15, 2016, reporting that the weakness had not changed and might be worse, with worsening pain. Dr. Vaidya assessed him with deltoid paresis secondary to flu injection and referred him for an electrodiagnostic study. This study was performed by Dr. Karen Pechman on July 24, 2018, and the EMG results revealed evidence of left cervical radiculopathy. However, Dr. Vaidya, in his expert report dated November 18, 2018, concluded that the EMG results did not support a neurologic etiology for Mr. Pahwa's injury. Dr. Vaidya found that Mr. Pahwa's symptoms were consistent with chronic shoulder bursitis and capsulitis, and that his reduced passive range of motion was consistent with adhesive capsulitis, which can occur following SIRVA. He opined that there was no prior injury or chronic condition that would explain the symptoms and that, to a reasonable degree of probability, Mr. Pahwa suffered from a SIRVA. Respondent argued that the onset of pain was not within the 48-hour window required for a Table SIRVA claim and that the cervical radiculopathy found on EMG could explain the symptoms. The Special Master, Katherine E. Oler, found Mr. Pahwa's testimony regarding the immediate onset of pain to be credible, noting that his explanation for not reporting the pain sooner was reasonable given his belief it would resolve and his busy travel schedule. The Special Master also found that the cervical radiculopathy did not explain Mr. Pahwa's symptoms, as supported by Dr. Vaidya's assessment and the lack of neck pain or radiating symptoms in Mr. Pahwa's medical records. The Special Master concluded that Mr. Pahwa met the criteria for a Table SIRVA claim, including no prior history of shoulder problems, onset of pain within 48 hours of vaccination, pain and limited range of motion confined to the vaccinated shoulder, and no other condition explaining the symptoms. Therefore, Mr. Pahwa was found entitled to compensation, with a damages award to be determined later. Petitioner was represented by Isaiah Richard Kalinowski of Maglio Christopher and Toale, PA, and Respondent was represented by Althea Walker Davis of the U.S. Department of Justice.","is_minor_inferred":0,"is_pediatric_broad":0,"special_master":"Katherine E. Oler","petitioner_identifier_original":null,"caption_petitioner_name":null,"petitioner_attorney_name":"Isaiah Richard Kalinowski","petitioner_attorney_firm":"Maglio Christopher and Toale","petitioner_attorney_location":"PA Washington, DC; Maglio Christopher and Toale, PA","adjudicator_name":null,"caption_people_backfilled_at":null,"attorney_canonical_keys":"|isaiah-kalinowski|","firm_canonical_key":"maglio-christopher-and-toale","package_title":"PAHWA v. SECRETARY OF HEALTH AND HUMAN SERVICES","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00799","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00799.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_17-vv-00799.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_17-vv-00799-0","title":"PAHWA v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC ORDER/RULING (Originally filed: 5/21/2021) regarding 55 Ruling on Entitlement. Signed by Special Master Katherine E. 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(nvb) Service on parties made.","date_issued":"2021-10-12","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_17-vv-00799/granules/USCOURTS-cofc-1_17-vv-00799-1/pdf","pdf_bytes":354751,"triage_decision":"keep","triage_reason":"docketText matches keep keyword ' proffer'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_17-vv-00799/USCOURTS-cofc-1_17-vv-00799-1"},{"granule_id":"USCOURTS-cofc-1_17-vv-00799-2","title":"PAHWA v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 12/17/2021) regarding 71 DECISION of Special Master - Fees Signed by Special Master Katherine E. Oler. (kp) Service on parties made.","date_issued":"2022-01-18","pdf_url":null,"pdf_bytes":null,"triage_decision":"skip","triage_reason":"fees-only decision (attorney compensation)","download_status":"skipped"}]}