H.F. v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)

Filed 2019-08-26Decided 2025-04-21Vaccine Influenza
compensated$175,416

Case summary [AI summaries can sometimes make mistakes]

On October 4, 2019, H.F., a 40-year-old attorney, 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 13, 2016. The respondent, the Secretary of Health and Human Services, conceded entitlement to compensation, finding that the petitioner met the criteria for SIRVA as defined by the Vaccine Injury Table.

The case then proceeded to a damages determination. Petitioner sought compensation for pain and suffering and unreimbursable expenses, attributing his symptoms, including pain, limited mobility, numbness, and tingling, to the vaccine.

He underwent extensive treatment, including physical therapy, steroid injections, and surgery for a labral tear and bursitis. The parties disputed the extent to which Petitioner's subsequent symptoms, including thoracic outlet syndrome (TOS), were related to the vaccine-induced SIRVA.

Petitioner argued that all his upper extremity symptoms stemmed from the vaccine, while Respondent contended that some symptoms, particularly TOS, were unrelated. Petitioner's treating orthopedic surgeon, Dr.

G. Russell Huffman, opined that the vaccine was causally related to the TOS symptoms, while Respondent's expert, Dr.

Paul J. Cagle, questioned the link and stated TOS was unrelated to the vaccination.

After reviewing medical records, expert reports, and prior case law, Chief Special Master Brian H. Corcoran awarded H.F. $170,000.00 for past pain and suffering and $5,416.58 for past unreimbursable expenses, totaling $175,416.58.

The award was based on a finding that H.F. suffered a moderate SIRVA injury with some continuing symptoms, but that not all later-diagnosed conditions, specifically TOS, were sufficiently linked to the vaccine. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and Respondent was represented by Alexis B.

Babcock of the U.S. Department of Justice.

Theory of causation

Petitioner H.F. alleged a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine received on October 13, 2016. Respondent conceded entitlement, agreeing Petitioner met the criteria for SIRVA under the Vaccine Injury Table. The dispute centered on damages, specifically whether Petitioner's subsequent symptoms, including thoracic outlet syndrome (TOS), were causally related to the SIRVA. Petitioner's treating physician, Dr. G. Russell Huffman, opined that the vaccine caused the SIRVA and subsequent TOS. Respondent's expert, Dr. Paul J. Cagle, disagreed, stating TOS was unrelated to the vaccination. Chief Special Master Brian H. Corcoran found Petitioner suffered a moderate SIRVA injury with some continuing symptoms, but determined that most of the later symptoms, including TOS, were not sufficiently linked to the vaccine. The award was $170,000.00 for past pain and suffering and $5,416.58 for past unreimbursable expenses, totaling $175,416.58. Petitioner was represented by Ronald Craig Homer, and Respondent by Alexis B. Babcock. The decision was issued by Chief Special Master Brian H. Corcoran on April 21, 2025.

Source PDFs 3 total · 3 downloaded