Michael Joseph Deutsch v. HHS - Influenza, shoulder pain and other symptoms (2023)
Case summary [AI summaries can sometimes make mistakes]
Michael Joseph Deutsch, a 63-year-old male, filed a petition for compensation under the National Vaccine Injury Compensation Program on April 10, 2018. He alleged that an influenza vaccine received on December 1, 2016, caused him to suffer shoulder pain and other symptoms, with residual effects lasting more than six months.
Initially, the respondent contested entitlement, arguing that the petitioner failed to prove the vaccine was administered in his left shoulder and that the onset of pain did not meet the 48-hour window for a Table SIRVA claim. However, following a ruling in the petitioner's favor on these points, the respondent conceded entitlement.
The parties were unable to agree on damages, leading to a decision awarding compensation. Mr.
Deutsch received the influenza vaccine in his left shoulder on December 1, 2016. He experienced left shoulder pain shortly after vaccination.
His medical history prior to vaccination was significant for glaucoma, gout, boutonniere deformity of the finger, spider veins, and hyperlipidemia, but he had no prior shoulder complaints. Mr.
Deutsch reported pain around the vaccination site 35 days after receiving the shot and presented with ongoing left shoulder pain one week later, noting increased pain with certain range of motion activities. He was assessed with rotator cuff syndrome and received an intra-articular shoulder steroid injection on March 31, 2017.
He continued to experience pain and received a second steroid injection on July 13, 2017, and a third on February 27, 2018. Mr.
Deutsch stated that he stopped formal treatment in early 2018 because he was not making progress, opting to use his right arm exclusively, take Naproxen, and perform home exercises. He returned to treatment on August 18, 2020, with continued left shoulder pain, receiving a fourth cortisone injection.
He then underwent fifteen physical therapy visits from August 21, 2020, through October 9, 2020. The total treatment course, including gaps, spanned approximately four years.
The Special Master, Chief Special Master Brian H. Corcoran, issued a Ruling on Entitlement on December 1, 2021, finding Mr.
Deutsch entitled to compensation. Subsequently, on April 3, 2023, Chief Special Master Corcoran issued a Decision Awarding Damages.
The decision awarded Mr. Deutsch $70,000.00 for pain and suffering and $255.00 for unreimbursable expenses, totaling $70,255.00.
Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and Respondent was represented by Camille Michelle Collett of the U.S.
Department of Justice.
Theory of causation
Petitioner Michael Joseph Deutsch, age 63, received an influenza vaccine on December 1, 2016. He alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) as a "Table" injury. Respondent initially contested entitlement, arguing the vaccine was not administered in the left shoulder and the onset of pain did not meet the 48-hour window for a Table SIRVA claim. The Special Master ruled in Petitioner's favor on these points, and Respondent conceded entitlement. Petitioner experienced left shoulder pain shortly after vaccination, with treatment including four cortisone injections and fifteen physical therapy visits over approximately four years, with a significant gap in treatment between February 2018 and August 2020. Chief Special Master Brian H. Corcoran awarded Petitioner $70,000.00 for pain and suffering and $255.00 for unreimbursable expenses, totaling $70,255.00, on April 3, 2023. Petitioner was represented by Maximillian J. Muller, and Respondent by Camille Michelle Collett.