Ronald Piccolotti v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2023)

Ronald Piccolotti filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine he received on November 24, 2018. The respondent contested entitlement, arguing that Mr.

Piccolotti failed to demonstrate that his pain and reduced range of motion were limited to his left shoulder, a key criterion for SIRVA. However, the Special Master found the respondent's argument unpersuasive, concluding that the evidence preponderantly supported that the injury was limited to the vaccinated shoulder.

The Special Master determined that Mr. Piccolotti met all elements for a Table SIRVA and was entitled to compensation.

For damages, Mr. Piccolotti requested $85,000 for pain and suffering, citing his treatment course including medication, injections, and diagnostic imaging.

The respondent proposed no more than $40,000, arguing the injury was mild and treatment was conservative. After considering the severity and duration of the injury, the treatment gap of over two years, and comparing to prior awards, the Special Master awarded $45,000 for pain and suffering.

The decision memorializes the ruling on entitlement and the award of damages.