Dennis Schmitt v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)

Dennis Schmitt filed a petition for compensation under the National Vaccine Injury Compensation Program on January 3, 2019, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine he received on November 22, 2017. He was 70 years old at the time of vaccination.

Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Petitioner's claim met the Table criteria for SIRVA, including timely filing, vaccination in the United States, and suffering residual effects for more than six months. Based on this concession, Chief Special Master Brian H.

Corcoran issued a ruling on entitlement on September 9, 2020, finding Petitioner entitled to compensation. A subsequent decision on August 30, 2021, awarded damages.

Petitioner was represented by Leah V. Durant of the Law Offices of Leah V.

Durant, PLLC, and Respondent was represented by Claudia Barnes Gangi of the U.S. Department of Justice.

The medical records detail Petitioner's shoulder pain, bursitis, rotator cuff tear, and subsequent arthroscopic surgery and physical therapy. Petitioner reported pain initially rated at 8/10, which improved with a steroid injection but returned.

An MRI revealed tears in the supraspinatus and biceps tendons and a partial to nearly full-thickness tear in the subscapularis tendon. Petitioner underwent arthroscopic surgery on April 24, 2018, for debridement and rotator cuff repair.

Post-operatively, his pain significantly decreased, and he reported being "nearly 100%" after physical therapy. However, he experienced lingering pain and stiffness, which he managed with home exercises.

In May 2019, he reported pain of 4/10 at rest and 6/10 with activity, and received another steroid injection. Petitioner averred that he has learned to live with intermittent pain associated with certain activities and has declined jobs due to shoulder pain.

Chief Special Master Corcoran awarded a total of $120,174.94, comprising $118,000.00 for pain and suffering and $2,174.94 for out-of-pocket expenses. The Special Master considered prior SIRVA cases and the specific facts of Mr.

Schmitt's case, noting his prompt medical attention, initial severe pain, and subsequent good recovery, but also acknowledging the gap in treatment and ongoing discomfort. The Special Master found the award to be fair and appropriate based on the record.