Wade Green v. HHS - Influenza, left shoulder subacromial bursitis (2023)

Wade Green filed a petition for compensation under the National Vaccine Injury Compensation Program on April 3, 2020, alleging that an influenza vaccine administered on November 9, 2018, in his left shoulder caused him to develop left shoulder subacromial bursitis, a condition known as Shoulder Injury Related to Vaccine Administration (SIRVA). Mr.

Green alleged his injury persisted for more than six months. The respondent filed a Rule 4(c) report conceding entitlement, stating that Mr.

Green had no prior history of left shoulder pain or dysfunction, his symptoms began within 48 hours of the intramuscular vaccination, were localized to the injection site, and no other condition explained his initial symptoms. The respondent also agreed that Mr.

Green met the statutory requirement of suffering his SIRVA for more than six months. A ruling on entitlement was issued by Chief Special Master Brian H.

Corcoran on August 15, 2022, finding Mr. Green entitled to compensation.

The parties were unable to agree on the damages, leading to a "Motions Day" proceeding for a damages award. Mr.

Green, a 47-year-old computer programmer, had a past medical history including left shoulder impingement in 1998, a prior volleyball injury to his left shoulder in 1990, and a 30-year history of rib and back pain. He received the flu vaccine in his left deltoid on November 9, 2018.

He reported a deep ache in his left shoulder the first night and severe pain approximately two weeks later. He presented to his primary care provider on November 19, 2018, for abdominal symptoms, and although no shoulder pain was recorded, he claimed he mentioned it.

On December 3, 2018, nearly four weeks post-vaccination, he complained of shoulder pain since the flu shot, stating it caused him to use his left shoulder differently, leading to anterior shoulder pain and limited range of motion. He was diagnosed with left shoulder pain and impingement syndrome, prescribed physical therapy, and advised to use ice and ibuprofen.

He began physical therapy on December 5, 2018, rating his pain 4/10, ranging from 2/10 to 7/10. He attended one additional PT visit and two chiropractic sessions for neck, upper back, and arm pain, rating his shoulder pain 5/10.

Following a three-month gap in treatment, he was examined by an orthopedic surgeon on March 20, 2019, for persistent nocturnal left shoulder pain. An MRI on March 28, 2019, showed mild tendinopathy of the supraspinatus tendon, mild degenerative change of the AC joint, and mild tendinopathy of the biceps tendon.

On April 5, 2019, the orthopedic surgeon diagnosed bursitis and tendonitis of the supraspinatus tendon and osteoarthritis of the AC joint. On May 2, 2019, he saw another orthopedic surgeon, reporting pain 2/10 at rest and 8/10 at worst, with tenderness and a positive Hawkins test, but full active range of motion without pain.

This surgeon recommended physical therapy and administered a subacromial cortisone injection. Mr.

Green attended 10 physical therapy sessions from May 8 to June 26, 2019, reporting improvement, and one final session on July 24, 2019. He also attended four chiropractic sessions from May 17 to May 28, 2019, rating his shoulder pain 4/10.

After a 10-month gap in treatment, he presented for an annual wellness exam on July 29, 2019, reporting improvement in his left shoulder pain with physical therapy, with impingement syndrome still listed as an assessment. He made no shoulder complaints on February 3, 2020.

On May 26, 2020, he began physical therapy for neck and right shoulder pain, attending 15 sessions until August 19, 2020. During an evaluation on June 24, 2020, his left shoulder had no tenderness, full active ROM, and negative orthopedic testing.

He was diagnosed with right shoulder adhesive capsulitis and received a steroid injection in his right shoulder. Approximately 14 months later, on August 16, 2021, he returned to physical therapy for left-sided thoracic and neck pain, and shoulder pain with overhead activity, reporting pain from diving off a diving board.

Diagnoses included pain in the left shoulder, anterior and posterior soft tissue impingement. He attended 10 PT sessions ending October 21, 2021, reporting slow improvement.

Mr. Green argued his SIRVA was lingering and invasive, persisted for over four years despite treatment including a steroid injection, chiropractic care, and physical therapy, and led to overuse injury in his right shoulder.

He cited a prior SIRVA case with a $100,000 award. The respondent argued for a $55,000 award, contending Mr.

Green's injury was limited to his left shoulder, of relatively short duration, with only 3.5 months of active treatment (one steroid injection, one MRI, 13 PT sessions, six chiropractic sessions). Respondent cited comparable cases, Rayborn and Norton, where awards of $55,000 were made for similar injuries and treatment durations.

Chief Special Master Brian H. Corcoran awarded Mr.

Green $55,000.00 for pain and suffering, finding his injury to be on the milder side of the spectrum. The Special Master noted that Mr.

Green's argument about right shoulder injury due to compensatory overuse was not supported by sufficient evidence. He also gave some weight to Mr.

Green's personal life impact but found several treatment gaps, particularly from July 2019 to May 2020 and June 2020 to August 2021, undermined the conclusion of severity, despite acknowledging the COVID-19 pandemic's potential impact. The award of $55,000.00 represents compensation for all damages available under the Vaccine Act.

Petitioner's counsel was Bradley S. Freedberg, and respondent's counsel was Emily H.

Manoso. The decision was issued on October 3, 2023.