Eric Felland v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Eric Felland, a 31-year-old credit analyst, filed a petition for compensation under the National Vaccine Injury Compensation Program on April 8, 2020, alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 31, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on August 6, 2021, conceding that Mr.
Felland's injury qualified as a Table injury and that he was entitled to compensation. Chief Special Master Brian H.
Corcoran issued a Ruling on Entitlement on August 8, 2021, finding Mr. Felland entitled to compensation.
The parties were unable to resolve damages informally, leading to a damages decision. Mr.
Felland sought $130,000 for pain and suffering, while the respondent argued for $90,000. The court reviewed medical records indicating Mr.
Felland experienced pain and limited range of motion for approximately one year. His initial treatment included a home exercise program, over-the-counter pain medication, and two steroid injections, but he declined formal physical therapy prior to surgery.
He underwent arthroscopic surgery on June 24, 2019, approximately eight months post-vaccination. Following surgery, he attended 12 sessions of physical therapy from July 8 to September 18, 2019, reporting no pain at rest or with activity by his last session and making excellent overall improvement.
The public decision notes a dearth of evidence supporting Mr. Felland's assertion that his SIRVA injury continued to the present day, suggesting later symptoms might be attributable to strenuous exercises and unrelated conditions.
A subsequent MRI in June 2020 showed a lack of edema previously attributed to the SIRVA injury, though other rotator cuff problems remained. The Special Master found Mr.
Felland's SIRVA injury to be relatively mild, with lower pain levels and slightly limited range of motion, lasting about one year. Comparing his case to prior SIRVA awards, particularly the Martin case, the Special Master determined that an award of $100,000.00 for pain and suffering was appropriate.
Additionally, the Special Master awarded $1,352.70 for actual unreimbursable expenses. The total award was $101,352.70, paid as a lump sum check to Mr.
Felland. Petitioner's counsel was Leah VaSahnja Durant, and respondent's counsel was Emilie Williams.
Chief Special Master Brian H. Corcoran issued the decision on October 18, 2022.
Theory of causation
Petitioner Eric Felland, age 31, received an influenza vaccine on October 31, 2018, and subsequently developed a shoulder injury related to vaccine administration (SIRVA). The respondent conceded that the injury qualified as a Table injury under the Vaccine Injury Table and that Petitioner was entitled to compensation. The Special Master found that Petitioner suffered a relatively mild SIRVA injury with lower pain levels and slightly limited range of motion for approximately one year, requiring conservative treatment, two steroid injections, and ultimately arthroscopic surgery. Following surgery and physical therapy, Petitioner reported significant improvement. The Special Master determined that Petitioner's injury was not as severe or prolonged as in some comparable cases cited by Petitioner, and found it most closely mirrored the circumstances of the petitioner in Martin, who received a pain and suffering award of $100,000.00. The Special Master awarded $100,000.00 for pain and suffering and $1,352.70 for actual unreimbursable expenses, for a total award of $101,352.70. Chief Special Master Brian H. Corcoran issued the decision on October 18, 2022. Petitioner was represented by Leah VaSahnja Durant, and Respondent was represented by Emilie Williams.
Source PDFs
USCOURTS-cofc-1_20-vv-00406