VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_20-vv-00378
Package ID: USCOURTS-cofc-1_20-vv-00378
Petitioner: Wade Green
Filed: 2020-04-03
Decided: 2023-10-03
Vaccine: influenza
Vaccination date: 2018-11-09
Condition: left shoulder subacromial bursitis
Outcome: compensated
Award amount USD: 55000

AI-assisted case summary:
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.

Theory of causation field:
Petitioner Wade Green, age 47, received an influenza vaccine on November 9, 2018, and subsequently developed left shoulder subacromial bursitis, classified as a Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent conceded entitlement, agreeing that Mr. Green had no prior left shoulder issues, his symptoms began within 48 hours of vaccination, were localized to the injection site, and no other condition explained the symptoms. The public decision does not detail the specific mechanism of injury or name any medical experts. The case proceeded to a damages hearing where the Special Master awarded $55,000.00 for pain and suffering. The Special Master found the injury to be on the milder side of the spectrum and noted unexplained gaps in treatment, which impacted the assessment of severity and duration. Petitioner's counsel was Bradley S. Freedberg, and respondent's counsel was Emily H. Manoso. Chief Special Master Brian H. Corcoran issued the decision on October 3, 2023.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_20-vv-00378-0
Date issued/filed: 2022-09-19
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 08/15/2022) regarding 39 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:20-vv-00378-UNJ Document 42 Filed 09/19/22 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0378V
UNPUBLISHED
WADE GREEN, Chief Special Master Corcoran
Petitioner, Filed: August 15, 2022
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Ruling on Entitlement; Concession;
HUMAN SERVICES, Table Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
Bradley S. Freedberg, Bradley S. Freedberg, P.C., for Petitioner.
Amanda Pasciuto, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On April 3, 2020, Wade Green filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine
Act”).3 Petitioner alleges that on November 9, 2018, he received an influenza (“flu”)
vaccine in his left shoulder that caused his to develop left shoulder subacromial bursitis.
Amended Petition at 1. Petitioner further alleges that his vaccine injury persisted for more
than six months. Amended Petition at 1. The case was assigned to the Special Processing
Unit of the Office of Special Masters.
On August 15, 2022, Respondent filed his Rule 4(c) report in which he concedes
that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at
1 Because this unpublished Ruling contains a reasoned explanation for the action in this case, I am required
to post it on the United States Court of Federal Claims' website in accordance with the E-Government Act
of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government
Services). This means the Ruling will be available to anyone with access to the internet. In accordance
with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information,
the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that
the identified material fits within this definition, I will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).
3 Petitioner filed an Amended Petition on November 15, 2021. ECF No. 27.

Case 1:20-vv-00378-UNJ Document 42 Filed 09/19/22 Page 2 of 2
1. Specifically, Respondent states “petitioner had no history of pain, inflammation, or
dysfunction in his left shoulder; his pain and reduced range of motion occurred within
forty-eight hours of receipt of an intramuscular vaccination; his symptoms were limited to
the shoulder in which the vaccine was administered; and no other condition or abnormality
was identified to explain his initial symptoms.” Id. at 8. Respondent further agrees that
Petitioner has met the statutory requirements by suffering his SIRVA for more than six
months. Id.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_20-vv-00378-1
Date issued/filed: 2023-10-03
Pages: 9
Docket text: PUBLIC DECISION (Originally filed: 09/01/2023) regarding 52 DECISION of Special Master ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:20-vv-00378-UNJ Document 56 Filed 10/03/23 Page 1 of 9
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 20-0378V
UNPUBLISHED
WADE GREEN,
Chief Special Master Corcoran
Petitioner,
v.
SECRETARY OF HEALTH AND Filed: September 1, 2023
HUMAN SERVICES,
Respondent.
Bradley S. Freedberg, Denver, Colorado, for Petitioner.
Emily H. Manoso, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On April 3, 2020, Wade Green filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine
Act”). He filed an amended petition on November 15, 2021, alleging that he received an
influenza (“flu”) vaccination on November 9, 2018, and thereafter suffered a left-sided
shoulder injury related to vaccine administration (“SIRVA”). Amended Petition at 1. The
case was assigned to the Special Processing Unit of the Office of Special Masters.
Although Petitioner has been found entitled to compensation, the parties could not
agree on the damages to be awarded, and therefore the matter was scheduled for a
“Motions Day” proceeding. For the reasons discussed below, and after hearing argument
1 Because this unpublished Decision contains a reasoned explanation for the action in this case, I am
required to post it on the United States Court of Federal Claims' website in accordance with the E-
Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic
Government Services). This means the Decision will be available to anyone with access to the
internet. In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact
medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy.
If, upon review, I agree that the identified material fits within this definition, I will redact such material from
public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:20-vv-00378-UNJ Document 56 Filed 10/03/23 Page 2 of 9
from the parties, I find that Petitioner is entitled to compensation in the amount of
$55,000.00 for his actual pain and suffering.
I. Procedural History
As stated above, on August 15, 2022, I issued a ruling on entitlement in favor of
Petitioner. The parties were unable to agree on an appropriate amount to award Mr.
Green for his pain and suffering and agreed to brief the issue. ECF Nos. 44-45. On
December 7, 2022, Petitioner filed his brief and declaration in support of damages
(“Mot.”), and Respondent filed a Response on March 14, 2023 (“Opp.”). Petitioner filed a
reply (“Reply”) memorandum on April 13, 2023. ECF Nos. 46-48. I heard arguments from
both parties during a Motions’ Day Damages hearing held on August 25, 2023.
II. Relevant Medical History
A complete recitation of the facts can be found in the Petition, Amended Petition,
the parties’ respective pre-hearing filings, and in Respondent’s Rule 4(c) Report.
In brief summary, Mr. Green was a 47-year-old self-employed computer
programmer at the time of vaccination with a past medical history significant for 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. Petitioner’s Exhibit (“Ex.”) 2 at 32; Ex. 1 at. 1.
Mr. Green received a flu vaccine in his left deltoid on November 9, 2018, at the
office of his children’s pediatrician. Mot. at 5; Ex. 5 at 2. Mr. Green maintains that “I had
received annual flu shots every year for at least the last decade. This one was different.
The first night there was a deep ache in my left shoulder. The severe pain in my shoulder
started about two weeks later. That's what changed everything.” Mot. at 5.
On November 19, 2018, Mr. Green presented to his primary care provider (“PCP”),
Jason Cannell, D.O., at Boulder Creek Family Medicine regarding a six-week history of
abdominal symptoms, hemorrhoids, chronic fatigue, rapid heart rate, and rectal bleeding.
Ex. 2 at 36-38. Although there is no record of Mr. Green reporting left shoulder pain during
this visit, he purports to have in fact mentioned pain at this time. See Reply at 1.
On December 3, 2018, nearly four weeks after vaccination, Mr. Green returned to
Dr. Cannell complaining of “shoulder pain since his flu shot on 11/9, 24 days ago.” Ex. 2
at 32. Mr. Green stated that “this pain caused him to use his left shoulder differently, which
he believed was causing a new pain to the anterior aspect of his shoulder with limited
[range of motion].” Id. Dr. Cannell assessed Mr. Green with left shoulder pain and
2

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impingement syndrome, prescribed physical therapy, and advised him to continue
applying ice and taking ibuprofen. Id. at 35.
Two days later, on December 5, 2018, Mr. Green started physical therapy for his
left shoulder. Ex. 1 at 1. He rated his pain at a 4/10 at the time, but stated that his pain
ranged between a 2/10 (at best), and 7/10 (at worst). Id. Mr. Green returned for one
additional visit on December 13, 2018, before discontinuing PT. Id. at 4-8. During this
time, Mr. Green attended two chiropractic sessions with Sara Berg, D.C., for minor neck,
upper back, and trapezius pain, and arm pain after a flu shot. Ex. 8 at 2-6. At these
sessions, Mr. Green rated his shoulder pain at 5/10. Id.
Thereafter, there is a gap in treatment of more than three months. On March 20,
2019, Mr. Green was examined by orthopedic surgeon, Lorri Fulkerson, M.D., for
complaints of persistent nocturnal left shoulder pain. Ex. 4 at 5. Dr. Fulkerson opined that
Mr. Green’s x-ray and exam were consistent with subacromial bursitis and ordered an
MRI to rule out rotator cuff pathology. Id.
On March 28, 2019, Mr. Green underwent an MRI of his left shoulder which
showed: “1. Mild tendinopathy distal supraspinatus tendon and a ganglion along the
central tendon in the musculotendinous junction. 2. Mild degenerative change
acromioclavicular joint. Mild anterior curve and lateral downslope to the acromion. 3. Mild
tendinopathy intra-articular biceps tendon.” Ex. 3 at 69; Ex. 4 at 7. On April 5, 2019, Mr.
Green met with Dr. Fulkerson to review these results. Dr. Fulkerson diagnosed Petitioner
with bursitis and tendonitis of the supraspinatus tendon, and osteoarthritis of his left
acromioclavicular (“AC”) joint. Ex. 4 at 2.
On May 2, 2019, Mr. Green presented to orthopedic surgeon Thomas Hackett,
M.D., at Steadman Clinic, for complaints of the onset of left shoulder pain since getting a
flu shot. Ex. 5 at 2. Mr. Green rated his pain a 2/10 at rest, and 8/10 at worst. Id. His
physical exam demonstrated “tenderness to palpation,” a positive Hawkins test, but was
otherwise normal with full active range of motion (“ROM”) without pain. Id. at 2-3. Dr.
Hackett opined that Mr. Green was experiencing left shoulder impingement,
recommended he attend formal PT, and administered a subacromial cortisone injection.
Id.
On May 7, 2019, Mr. Green began attending physical therapy at a different facility,
attending a total of 10 sessions between May 8, 2019, and June 26, 2019, with
documented improvement in his shoulder pain. He had a final physical therapy session a
month later, on July 24, 2019, before he discontinued physical therapy. Id. at 45-85. Mr.
Green also attended four chiropractic sessions from May 17, 2019, through May 28, 2019,
3

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for his neck, back, and shoulder pain. Ex. 8 at 9-18. At each of these chiropractor visits,
Mr. Green rated his shoulder pain at a 4/10. Id.
On July 29, 2019, Mr. Green reported to Dr. Cannell for an annual wellness exam.
Ex. 2 at 4. He reported “that the left shoulder pain that he presented with the end of 2018
has improved with physical therapy.” Id. His exam was normal, and no recommendations
were made for ongoing left shoulder treatment. However, impingement syndrome of the
left shoulder remained listed among the assessments. Id. at 7. Six months later, on
February 3, 2020, Mr. Green presented to Dr. Cannell for diarrhea, exertion induced
nausea from skiing, and a lipoma on his back, but made no complaint regarding shoulder
pain. Ex. 2 at 21-23.
Ten months later, on May 26, 2020, Mr. Green began physical therapy for
complaints of a four-week history of neck and right shoulder pain. Ex. 17 at 44. Petitioner
attended 15 sessions of physical therapy for his right shoulder and neck between May
26, 2020, and August 19, 2020. Ex. 17 at 1-25, 28-42. During this course of physical
therapy, Mr. Green returned to see Dr. Hackett on June 24, 2020, for complaints of
worsening right shoulder pain since January 2020. Ex. 17 at 49. Dr. Hackett recounted
that Mr. Green had recently called his office for his right shoulder complaints and was
referred to physical therapy. Id. Dr. Hackett completed a detailed evaluation of both of Mr.
Green’s shoulders. Id. Petitioner’s left shoulder had no tenderness to palpation, and full
active ROM, and strength, and negative orthopedic testing. Id. Dr. Hackett diagnosed Mr.
Green with right shoulder adhesive capsulitis and administered a steroid injection to his
right shoulder. Id. at 50.
Nearly 14 months later, on August 16, 2021, Mr. Green returned to physical
therapy for “left sided thoracic and neck pain increased with computer activity, and
shoulder pain with overhead activity.” Ex. 18 at 8. Petitioner reported he had left shoulder
pain from diving off a diving board into a pool, at which time he felt a catch and a pop in
the back of his shoulder. Id. His diagnoses included pain in left shoulder, anterior soft
tissue impingement and posterior soft tissue impingement. Id. Petitioner attended 10
physical therapy sessions ending on October 21, 2021, and at his last visit reported he
still felt some soreness, but felt he was slowly improving. Id. at 8-27.
III. The Parties’ Arguments
a. Petitioner
In his brief, Mr. Green characterizes his SIRVA injury as more “lingering and
invasive than the average SIRVA injury.” Mot. at 2. He states that he received a steroid
injection, chiropractic treatment, physical therapy, and that even with treatment, his pain
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and injury persisted for more than four years. Id. at 1-2. In addition, Petitioner alleged that
his inability to use his left shoulder led to overuse and injury to his right shoulder, which
also required medical treatment. Id. Petitioner also explained in detail how this injury has
affected his personal life.
During the hearing, Petitioner discussed one prior SIRVA stipulated case3 that he
maintained involved an injured claimant with a similar SIRVA injury, and where
$100,000.00 in pain and suffering was awarded – making $95,000.00 reasonable, given
that his circumstances were comparable.
b. Respondent
Respondent argued that a pain and suffering award of $55,000.00 is appropriate
given the overall nature of Mr. Green’s injury. Opp. at 1. At the outset, Respondent argued
that “the evidence in the case does not support a vacillating injury from petitioner’s left
shoulder to his right shoulder . . .“ but rather, that Petitioner’s injury was limited to his left
shoulder and was of relatively short duration. In addition, Respondent argued that
Petitioner only received 3 ½ months of active treatment, limited to one steroid injection,
one MRI, 13 PT sessions, and six chiropractic sessions.
Respondent noted that Mr. Green’s case was consistent “with lower awards for
past pain and suffering,” as the medical records reflect that he sustained a relatively mild
left SIRVA injury and received limited and minimally invasive treatment for 8 ½ months.
Opp. at 9-10. Respondent cited to the Rayborn and Norton cases,4 as comparable cases
to support the $55,000.00 award proposed by Respondent. Opp. at 12. In Rayborn, a
claimant received $55,000.00 for her pain and suffering, based on “a handful of office
visits, a cortisone injection, a similar number of PT/OT sessions, four-months without
active treatment over a similar total duration, and two routine imaging procedures.
Accordingly, the Rayborn petitioner’s course is comparable to that of petitioner in this
case in many respects, though the initial delay in seeking treatment was longer in
Rayborn.” Id. Similarly, the Norton petitioner received $55,000.00, for her pain and
suffering, after undergoing very similar to treatment as Mr. Green. Id. That petitioner
reported her injury just two weeks after vaccination, underwent one MRI, one cortisone
3 The case cited by Petitioner is Mackey v. Sec’y of Health & Human Servs., No. 16-1289, 2017 WL 3812713
(Fed. Cl. Spec. Mstr. Aug. 2, 2017).
4 Rayborn v. Sec’y of Health & Human Servs., No. 18-0226, 2020 WL 5522948, at *2-3 (Fed. Cl. Spec.
Mstr. Aug. 14, 2020); Norton v. Sec’y of Health & Human Servs., No. 19-1432, 2021 WL 4805231 at *5-7
(Fed. Cl. Spec. Mstr. Sept. 14, 2021).
5

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injection, 23 physical therapy sessions, and sought treatment until seven months post
vaccination. Id.
Respondent also distinguished the Mackey case discussed by Petitioner at
hearing, noting that its award was the product of a stipulation, so that the specific facts of
the case were not available. However, Respondent noted that the petitioner in that case
appeared to suffer from brachial neuritis rather than a SIRVA injury. Accordingly,
Respondent argues that Petitioner’s award should be significantly lower than the Mackey
case cited by Petitioner and is more comparable to the case discussed cited by
Respondent.
IV. Legal Standard
Compensation awarded pursuant to the Vaccine Act shall include an award “[f]or
actual and projected pain and suffering and emotional distress from the vaccine-related
injury, an award not to exceed $250,000.” Section 15(a)(4). Additionally, a petitioner may
recover “actual unreimbursable expenses incurred before the date of judgment award
such expenses which (i) resulted from the vaccine-related injury for which petitioner seeks
compensation, (ii) were incurred by or on behalf of the person who suffered such injury,
and (iii) were for diagnosis, medical or other remedial care, rehabilitation . . . determined
to be reasonably necessary.” Section 15(a)(1)(B). Petitioner bears the burden of proof
with respect to each element of compensation requested. Brewer v. Sec’y of Health &
Human Servs., No. 93-0092V, 1996 WL 147722, at *22-23 (Fed. Cl. Spec. Mstr. Mar. 18,
1996).
There is no precise formula for assigning a monetary value to a person’s pain and
suffering and emotional distress. I.D. v. Sec’y of Health & Human Servs., No. 04-1593V,
2013 WL 2448125, at *9 (Fed. Cl. Spec. Mstr. May 14, 2013) (“Awards for emotional
distress are inherently subjective and cannot be determined by using a mathematical
formula”); Stansfield v. Sec’y of Health & Human Servs., No. 93-0172V, 1996 WL 300594,
at *3 (Fed. Cl. Spec. Mstr. May 22, 1996) (“the assessment of pain and suffering is
inherently a subjective evaluation”). Factors to be considered when determining an award
for pain and suffering include: 1) awareness of the injury; 2) severity of the injury; and 3)
duration of the suffering. I.D., 2013 WL 2448125, at *9 (quoting McAllister v. Sec’y of
Health & Human Servs., No 91-1037V, 1993 WL 777030, at *3 (Fed. Cl. Spec. Mstr. Mar.
26, 1993), vacated and remanded on other grounds, 70 F.3d 1240 (Fed. Cir. 1995)).
A special master may also look to prior pain and suffering awards to aid in the
resolution of the appropriate amount of compensation for pain and suffering in each case.
See, e.g., Doe 34 v. Sec’y of Health & Human Servs., 87 Fed. Cl. 758, 768 (2009) (finding
that “there is nothing improper in the chief special master’s decision to refer to damages
6

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for pain and suffering awarded in other cases as an aid in determining the proper amount
of damages in this case.”). And, of course, a special master may rely on his or her own
experience adjudicating similar claims. Hodges v. Sec’y of Health & Human Servs., 9 F.3d
958, 961 (Fed. Cir. 1993) (noting that Congress contemplated the special masters would
use their accumulated expertise in the field of vaccine injuries to judge the merits of
individual claims). Importantly, however, it must also be stressed that pain and suffering
is not determined based on a continuum. See Graves v. Sec’y of Health & Human Servs.,
109 Fed. Cl. 579 (2013).
V. Appropriate Compensation in this SIRVA Case
a. Awareness of Suffering
Neither party disputes that that Mr. Green had full awareness of his suffering, and
I find that fact is supported by the record evidence.
b. Severity and Duration of Pain and Suffering
With respect to the severity and duration of the injury, Mr. Green’s medical records
and affidavits provide a description of the pain he experienced throughout the duration of
his injury. As noted, Mr. Green was seen by his PCP relatively quickly, just 24 days5 after
vaccination, where he reported pain in his left shoulder since receiving his flu vaccination.
Ex. 2 at 32. He was diagnosed with left shoulder pain and impingement and prescribed a
course of physical therapy. Id. After a brief gap in treatment of approximately three
months, Mr. Green sought additional treatment and underwent an MRI. The MRI results
included mild tendinopathy of the distal supraspinatus tendon, mild degeneration of the
AC joint, and mild tendinopathy of the intra-articular biceps tendon. Ex. 3 at 69. He sought
care from another orthopedist and began a second round of physical therapy at a different
facility. Mr. Green attended 10 PT sessions until July 24, 2019, with documented
improvement in his left shoulder pain. Ex. 2 at 45-85. Thereafter, there is a 10 month gap
in treatment spanning from the end of July 2019, to the end of May 2020. On May 26,
2020, Mr. Green begins complaining of right shoulder and neck pain. Ex. 17 at 44. During
an examination in June 2020, it is noted that Mr. Green’s left shoulder (the vaccine-injured
shoulder) had no tenderness to palpation, full active range of motion, and negative
orthopedic testing. Ex. 17 at 49.
There is another larger treatment gap of 14 months between June of 2020 and
August 2021, with no left shoulder appointments despite several intervening medical
5 I acknowledge that Petitioner stated in his Reply that he did report his shoulder injury to his PCP, just 10
days after vaccination, although there is no record of that report in the medical records. Ex. 2 at 36-38;
Reply at 1.
7

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visits. On August 16, 2021, he returned to physical therapy complaining of “left sided
thoracic and neck pain increased with computer activity, and shoulder pain with overhead
activity.” Ex. 18 at 8. He reported experiencing shoulder pain from diving off a diving board
at the pool, at which time he felt a catch and pop in the back of his shoulder. Id. His
diagnoses included pain in left shoulder, anterior soft tissue impingement and posterior
soft tissue impingement, for which he attended 10 physical therapy sessions which ended
on October 21, 2021.
Although Petitioner did cite to one prior SIRVA case during the hearing in support
of his proposed demand of $95,000.00, the two cases cited by Respondent were superior
comparables. Mackey (which was not even raised prior to the oral argument) involved a
stipulated award, rather than reasoned determination, and hence it has limited value in
guiding the result in this case. Mackey v. Sec'y of Health & Hum. Servs., No. 16-1289V,
2017 WL 3812713 (Fed. Cl. Aug. 2, 2017). Additionally, the Mackey petitioner appears to
have alleged that the flu vaccine caused her to develop Parsonage Turner Syndrome,
SIRVA, bursitis, brachial plexopathy, neuromuscular symptoms, tendonitis, brachial
neuritis, and neuropathy – injuries distinguishable from a SIRVA. Mackey, 2017 WL
3812713, at *1.
Overall, Mr. Green’s injury involves a non-surgical SIRVA injury that was on the
milder side of the spectrum. And I cannot credit Mr. Green’s argument that his right
shoulder injury was due to compensatory overuse due to the vaccine injury to his left
shoulder, since there is insufficient evidence in the record to support that contention.
I do give some weight to Mr. Green’s statement that his left SIRVA injury impacted
his personal life as a father, affected his sleep, and his ability to engage in the activities
that he enjoyed. However, several of the treatment gaps undermine the conclusion that
the injury was severe. Although the shorter gaps in Mr. Green’s treatments are explained
in the medical records, longer ones (such as the large gap from the end of July 2019 to
the end of May 2020, or from June 2020 to August 2021) are not fully explained. Although
the Covid-19 Pandemic surely affected Mr. Greens’ ability to seek medical treatment
during this time, it does not fully explain why he did not seek treatment from July 2019 to
March 2020 or from June 2020 to August 2021 for his left shoulder.
Under such circumstances and considering the arguments presented by both
parties at the hearing, a review of the cited cases, and based on the record as a whole, I
find that $55,000.00 in compensation for past pain and suffering is reasonable and
appropriate in this case.
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Case 1:20-vv-00378-UNJ Document 56 Filed 10/03/23 Page 9 of 9
CONCLUSION
In light of all of the above, I award Petitioner a lump sum payment of $55,000.00
for his actual pain and suffering, in the form of a check payable to Petitioner Wade
Green. This amount represents compensation for all damages that would be available
under Section 15(a) of the Vaccine Act. Id.
The Clerk of the Court is directed to enter judgment in accordance with this
Decision.6
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
6 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
9