Robert McCabe v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)

Robert McCabe filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine administered on September 24, 2017. The case was initially complicated by conflicting records regarding the vaccine's administration site, with the official record indicating the left arm and Mr.

McCabe asserting it was his right arm. After reviewing medical records, affidavits from Mr.

McCabe and his wife, and considering prior case law, the Special Master found it more likely than not that the vaccine was administered in Mr. McCabe's right arm.

The court also found that Mr. McCabe met the criteria for a Table SIRVA, establishing a presumption of causation.

The medical evidence showed that Mr. McCabe experienced pain and reduced range of motion in his right shoulder within 48 hours of vaccination, with no prior history of shoulder issues and no other condition explaining his symptoms.

He underwent extensive treatment, including MRIs, steroid injections, physical therapy, and ultimately arthroscopic surgery. Despite the severity and duration of his treatment, the Special Master found that his pain levels were generally moderate and that his recovery, particularly after surgery, was good.

Considering these factors and comparing the case to prior SIRVA awards, the Special Master awarded Mr. McCabe $110,000.00 for past pain and suffering, finding that a future pain and suffering component was not warranted due to a lack of evidence of permanent injury.