Charles Richardson v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

Charles Richardson, a 68-year-old adult, filed a petition for compensation under the National Vaccine Injury Compensation Program on June 3, 2020. He alleged that he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine administered on October 28, 2018.

The respondent, the Secretary of Health and Human Services, conceded entitlement to compensation, finding that Mr. Richardson's claim met the Table criteria for SIRVA.

A ruling on entitlement was issued in September 2021. The parties were unable to resolve damages, leading to a decision on August 16, 2023.

Mr. Richardson sought $140,000.00 for pain and suffering, while the respondent proposed $85,000.00.

Chief Special Master Brian H. Corcoran presided over the case.

Mr. Richardson received the influenza vaccine on October 28, 2018.

Approximately thirteen days later, he experienced left shoulder pain and decreased range of motion, which progressed. He underwent arthroscopic surgery for rotator cuff repair, subacromial decompression, and acromioplasty on February 12, 2019, approximately 3.5 months after vaccination.

Following surgery and 27 physical therapy sessions, he was discharged from formal treatment on July 15, 2019, reporting no pain, full range of motion, and nearly full strength in his left shoulder. This recovery was described as excellent, occurring about nine months post-vaccination.

Approximately seventeen months after his left shoulder treatment concluded, Mr. Richardson developed pain in his right shoulder, which he attributed to overuse compensating for his left shoulder.

His orthopedic surgeon assessed right shoulder rotator cuff tendinopathy and bursitis, and he underwent a steroid injection and arthroscopic surgery on the right shoulder in June 2021. The public decision notes that most rotator cuff tears are age-related, and the surgeon's patient materials indicated that by age 60, approximately 30% of people have a rotator cuff tear.

The Special Master found that while the left shoulder pathology was likely aggravated by the vaccine, the right shoulder pathology most likely became symptomatic due to age and/or unrelated aggravating factors. Mr.

Richardson's "impact statement" was considered but given less weight due to being unnotarized, unsworn, and undated. The Special Master awarded Mr.

Richardson $112,000.00 for actual pain and suffering, finding this amount appropriate based on the severity of his left shoulder injury, the surgery, the extensive physical therapy, and his excellent recovery, while noting the lack of a clear causal link to his subsequent right shoulder issues. Petitioner's counsel was Leigh Finfer of Muller Brazil, LLP.

Respondent's counsel included Ida Nassar and Mallori Browne Openchowski of the U.S. Department of Justice.