G.C. v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

G.C., a 67-year-old man, filed a petition for compensation on February 25, 2019, under the National Vaccine Injury Compensation Program. He alleged that after receiving influenza and tetanus diphtheria acellular pertussis (Tdap) vaccinations on October 2, 2017, he suffered a shoulder injury related to vaccine administration (SIRVA).

Petitioner stated that he experienced pain in his left arm the day after vaccination, and over the following weeks, his activities became increasingly limited due to pain when raising his arm. He had a non-contributory medical history.

On February 15, 2018, approximately four months post-vaccination, G.C. presented to his primary care physician with a chief complaint of left arm pain, reporting it started after the vaccinations and that he could not abduct his left arm past 90 degrees. He was prescribed ibuprofen and shown home exercises.

On April 26, 2018, an MRI of his left shoulder revealed a complete tear of the rotator cuff, early degenerative changes in the glenohumeral joint, and muscle and tendon impingement secondary to AC joint degenerative disease. On June 7, 2018, an orthopedic consultation confirmed a left full-thickness rotator cuff tear, and the recommendation was for physical therapy rather than surgery.

G.C. filed a VAERS report on June 16, 2018, stating his left arm pain began on October 3, 2017. He began physical therapy on June 19, 2018, reporting pain ongoing since October 2017 following an injection that was "too high." He noted difficulty with reaching, carrying, and lifting, and sleeping on his shoulder.

By July 12, 2018, after six PT visits, he had improved range of motion and joint mobility but still experienced tightness and reduced strength. On July 30, 2018, he reported improved pain and range of motion but still experienced pain when lifting heavy objects.

The orthopedist noted the tear would not heal on its own. Respondent contested entitlement, primarily disputing the onset of symptoms within the required timeframe.

Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on August 9, 2022 (re-filed as redacted December 8, 2023), granting the petition, finding that G.C. had established the elements of a Table SIRVA claim, including onset of shoulder pain within 48 hours of vaccination, despite a delay in seeking medical treatment.

The parties were unable to resolve damages, leading to a hearing. In a Decision Awarding Damages dated December 8, 2023 (issued December 8, 2023), Chief Special Master Corcoran awarded G.C. $50,000.00 for past pain and suffering and $893.74 for past unreimbursed expenses, totaling $50,893.74.

The injury was determined to be a Table SIRVA, and G.C. did not die from the vaccine-related injury. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and Respondent was represented by Naseem Kourosh of the U.S.

Department of Justice.