Robert O’Leary, M.D. v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)

On April 25, 2018, Robert O’Leary, M.D., a 51-year-old anesthesiologist, filed a petition under the National Childhood Vaccine Injury Act alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine he received on October 7, 2016. Petitioner was represented by Amy A.

Senerth of Muller Brazil, LLP, and the respondent was represented by Naseem Kourosh of the U.S. Department of Justice.

Dr. O’Leary's medical records indicated that prior to his vaccination, he was a healthy 51-year-old man with no significant recent medical history, having not sought medical treatment in the three years prior to the vaccination.

He received an influenza vaccine on October 7, 2016. Approximately one month later, on November 9, 2016, he was seen by Dr.

John J. Brennan for left shoulder pain.

Dr. Brennan noted an old history of shoulder trauma from when he was 14 years old, which had resolved without pain.

Petitioner reported new aching pain in his left shoulder causing difficulty with overhead activities and nighttime pain. Examination revealed some deformity in both shoulders at the A.C. joint and a mildly positive impingement sign in his left shoulder.

Dr. Brennan diagnosed left shoulder pain and administered a corticosteroid injection.

Subsequent medical records documented progressive pain and stiffness. An MRI on January 27, 2017, revealed various shoulder abnormalities including tendinosis and degeneration.

On February 5, 2017, Dr. Brennan noted significant stiffness and pain in the biceps, diagnosing rotator cuff tearing, bicep tendinopathy, and elements of adhesive capsulitis.

Petitioner reported that the corticosteroid injection provided temporary relief. On March 9, 2017, Dr.

Schrank evaluated petitioner, noting a progressive loss of range of motion over the past five months and intermittent arm pain. Dr.

Schrank diagnosed a left frozen shoulder and referred petitioner to physical therapy. Petitioner began physical therapy on March 21, 2017, with initial examination notes indicating pain and stiffness began in October and "shortly after receiving a flu vaccine." The physical therapy assessment included left shoulder adhesive capsulitis, major motion loss, and weakness.

Petitioner continued to experience restricted motion and pain that interfered with activities of daily living and sleep. He received additional corticosteroid injections and was advised of surgical options, but chose to manage his pain with home exercises.

Petitioner submitted several affidavits detailing his vaccination and the onset and progression of his symptoms. He stated he felt left shoulder pain within the first 24 hours after the injection on October 7, 2016, attributing it to soreness, but the pain worsened significantly over the next few weeks with associated loss of range of motion and difficulty sleeping.

His final affidavit detailed that the following day he experienced pain, treated it with anti-inflammatory medications and massage, and several weeks later noticed reduced range of motion and worsening pain. Petitioner's expert, Dr.

Naveed Natanzi, a physical medicine and rehabilitation specialist, opined that petitioner's symptoms were commonly seen in the context of a SIRVA injury and that the onset of pain was consistent with the vaccination. Dr.

Natanzi suggested the injury was caused by inadvertent overpenetration of the vaccination needle or an exaggerated inflammatory response. Respondent's expert, Dr.

Brian Feeley, an orthopedic surgeon, opined that petitioner likely suffered from adhesive capsulitis, which he believed was coincidental to the vaccination. Dr.

Feeley argued that the temporal association with the vaccine was unlikely and that petitioner's MRI findings were inconsistent with SIRVA. On June 24, 2021, Special Master Daniel T.

Horner issued a Ruling on Entitlement, finding that petitioner was entitled to compensation for a Table Injury of SIRVA. Special Master Horner determined that petitioner had no history of shoulder dysfunction prior to vaccination that would explain the symptoms, that the onset of pain occurred within 48 hours of vaccination, that the pain and reduced range of motion were limited to the left shoulder, and that no other condition explained the symptoms.

Respondent maintained a contrary position but did not seek review of the entitlement ruling. On September 22, 2021, a Joint Stipulation on Damages was filed.

The parties stipulated that Dr. O’Leary was entitled to compensation for a left-sided shoulder injury related to vaccine administration (SIRVA).

Special Master Horner adopted the stipulation, awarding Dr. O’Leary $50,000.00 in the form of a check payable to him, representing compensation for all damages available under the Act.

Petitioner was represented by Amy Senerth of Muller Brazil, LLP, and respondent was represented by Naseem Kourosh of the U.S. Department of Justice.