Douglas Kelly v. HHS - Influenza, significant aggravation of a pre-existing shoulder injury (2023)

Douglas Kelly, a 64-year-old adult, received an influenza vaccination on October 26, 2016. He alleged that this vaccination caused a shoulder injury related to vaccine administration (SIRVA) and a significant aggravation of a pre-existing shoulder condition.

The medical records indicated a long history of shoulder problems, including multiple surgeries and ongoing pain, though Mr. Kelly reported improvement in the months prior to the vaccination.

Within five days of the vaccination, he experienced a sudden increase in pain and reduced range of motion in his left shoulder, which he attributed to the injection. His treating physicians noted this post-vaccination increase in pain and treated it as a separate phenomenon from his chronic condition.

Both Mr. Kelly's expert, Dr.

Srikumaran, and the respondent's expert, Dr. Bishop, acknowledged his extensive pre-existing shoulder pathology.

Dr. Srikumaran opined that the vaccination triggered an acute worsening of Mr.

Kelly's condition, constituting a significant aggravation, while Dr. Bishop argued that the post-vaccination symptoms were a natural progression of his degenerative shoulder disease.

The Special Master found that Mr. Kelly did not meet the criteria for a Table SIRVA due to his pre-existing shoulder issues.

However, the court determined that Mr. Kelly was entitled to compensation for a significant aggravation of his pre-existing shoulder injury, finding that the vaccination acted as a trigger for an acute worsening of his condition.

The parties subsequently agreed to a settlement, and on January 9, 2023, the court awarded Mr. Kelly $80,000.00 in compensation.