Scott Youngmark v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (2022)

On October 4, 2017, Scott Youngmark filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of receiving an influenza vaccination in his left arm on March 29, 2017. Petitioner counsel was Joseph Michael Russel, and respondent counsel was Jennifer Leigh Reynaud.

Special Master Thomas L. Gowen presided over the case.

Petitioner alleged that within approximately six hours of the vaccination, he experienced severe pain, swelling, bruising, and a lack of mobility in his left arm and shoulder. Medical records documented significant bruising and swelling at the injection site, and he was diagnosed with adhesive capsulitis.

Youngmark consistently attributed his left shoulder pain to the flu vaccination. The respondent argued that prior shoulder issues, a carpal tunnel release surgery, and an altercation with a cellmate were alternative causes for the injury.

The respondent also contended that an MRI of the left shoulder, taken seven months after the vaccination, was consistent with degenerative joint disease and not a SIRVA injury. The Special Master reviewed the medical records, including pre- and post-vaccination notes, petitioner's affidavit, and the parties' arguments.

The Special Master found that while there was a history of right shoulder pain and some limited references to left shoulder discomfort over a year prior to the vaccination, the evidence demonstrated that any prior left shoulder pain had resolved well before the vaccination. The records showed that the petitioner experienced pain and limited range of motion in his left shoulder within 48 hours of the vaccination, consistent with SIRVA.

The Special Master determined that the carpal tunnel release surgery and the altercation with the cellmate did not explain the shoulder injury, and that the MRI findings of mild degenerative changes were not disqualifying, especially given the petitioner's age and the clear clinical presentation of SIRVA. The Special Master concluded that the evidence demonstrated Youngmark suffered a SIRVA injury, which is a Table injury, and that the flu vaccine was the cause.

Entitlement to compensation was granted, with a separate order to follow for damages. The decision was issued on September 29, 2021.