David Smith v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

On September 11, 2019, David Smith filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine administered on October 16, 2018, caused a shoulder injury related to vaccine administration (SIRVA) as defined on the Vaccine Injury Table. Mr.

Smith, who was 65 years old at the time of vaccination, had no prior history of shoulder complaints. He received the flu vaccine in his left deltoid muscle.

Thirty-six days post-vaccination, on November 21, 2018, he presented to urgent care with symptoms of fever and gastrointestinal issues, but did not report shoulder pain. Forty-three days post-vaccination, on November 28, 2018, he saw his primary care physician, Dr.

Brian Edward Wysong, complaining of left shoulder pain for the past month, which he stated began after receiving the flu shot. Dr.

Wysong administered a steroid injection, and Mr. Smith reported improvement but continued pain.

He was referred to physical therapy. On January 2, 2019, physical therapist Joseph Nowak documented that Mr.

Smith reported his left shoulder hurt "pretty bad" the day after the flu shot in mid-October. Mr.

Smith underwent surgery on June 19, 2019, for adhesive capsulitis and subacromial impingement. Following surgery, he completed 25 physical therapy sessions.

On October 22, 2019, Dr. Erik Johnson, the orthopedic surgeon, assessed Mr.

Smith with a 10% impairment of the shoulder, noting he would likely "always have a little bit of stiffness and weakness." Mr. Smith continued to experience stiffness and some pain with activities, particularly affecting his sleep.

On December 2, 2021, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding that Mr.

Smith had provided preponderant evidence of a Table SIRVA, including onset of shoulder pain within 48 hours of vaccination. The case then proceeded to damages.

On June 29, 2022, Chief Special Master Corcoran issued a decision awarding Mr. Smith $129,207.48.

This award included $125,000.00 for past pain and suffering, $3,748.74 for future pain and suffering, and $458.74 for past unreimbursed expenses. The award was based on the moderate severity and duration of his injury, including permanent limitations rated at 10% disability.