Franklin Kuczarski v. HHS - Influenza, right shoulder injury (2023)

Franklin Kuczarski filed a petition alleging a right shoulder injury following an influenza vaccination on December 15, 2018. He claimed the injury was caused-in-fact by the vaccination.

The case was initially dismissed as a Table claim by the Chief Special Master because the evidence preponderated in favor of an onset of shoulder pain one week after vaccination, which is outside the 48-hour window for a Table SIRVA. The case was reassigned to allow Mr.

Kuczarski to pursue an off-Table, cause-in-fact claim. Despite opportunities to present further evidence, including an expert opinion, Mr.

Kuczarski did not provide new evidence to support his claim. The court found that the evidence still preponderated in favor of a one-week onset, which is not compatible with the medical theory underlying SIRVA.

The orthopedist's opinion was not given significant weight as its basis was not indicated and it did not clearly reflect the one-week onset. Therefore, Mr.

Kuczarski failed to establish entitlement to compensation, and the petition was dismissed.