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

On October 3, 2019, Robert Prude filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine he received on October 17, 2017. Mr.

Prude was 55 years old at the time of vaccination. The respondent was the Secretary of Health and Human Services.

The case was assigned to Chief Special Master Brian H. Corcoran.

Initially, the medical records showed a significant delay in reporting shoulder pain, with the first documented complaint nearly two months after vaccination and specific mention of pain related to the vaccine not appearing until September 2018. However, the petitioner submitted affidavits from his sister, coworker, and girlfriend, which provided corroborating evidence of shoulder pain and limitations in activities shortly after the vaccination in October 2017.

Petitioner's own affidavit stated his shoulder was sore and painful the day he received the vaccine, with increased pain the next day, and he explained his delay in seeking treatment was due to physician unavailability. His sister recalled he was unable to mow her lawn on October 21, 2017, due to shoulder pain and unable to participate in other activities.

His coworker noted walks became less frequent and he struggled with a project involving shelves due to shoulder pain in October 2017. His girlfriend observed his pain interfered with sleep and his ability to clean his home in preparation for sale on October 21, 2017.

Petitioner also submitted a supplemental affidavit to correct an error in his original affidavit regarding the duration of pain. On July 29, 2021, Chief Special Master Corcoran issued a ruling on entitlement, finding that the preponderance of the evidence supported a finding that Mr.

Prude's shoulder pain began within 48 hours of the vaccination and was limited to his left shoulder, thus meeting the criteria for a Table SIRVA claim. The respondent had argued against entitlement, contesting the onset within 48 hours and the limitation of pain to the shoulder, and also noting a history of left shoulder pain.

The Special Master acknowledged that the medical records alone offered weak support for the onset claim, with varying reported onsets and a significant delay in seeking treatment. However, he found that the unrebutted affidavit evidence, combined with the understanding that individuals with SIRVA injuries may delay treatment, established the 48-hour onset by a barely preponderant showing.

The Special Master also found the evidence supported that the pain was limited to the left shoulder, despite some references to pain radiating down the arm. Following the ruling on entitlement, the parties stipulated to damages.

On October 8, 2021, the respondent filed a proffer on award of compensation, recommending an award of $57,500.00 for pain and suffering, which the petitioner agreed to. On November 9, 2021, Chief Special Master Corcoran issued a decision awarding Robert Prude a lump sum payment of $57,500.00, payable by check to Mr.

Prude, as compensation for all damages available under Section 15(a). Petitioner counsel was David John Carney of Green & Schafle LLC, and respondent counsel was Dhairya Divyakant Jani of the U.S.

Department of Justice.