Victor Johnson v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Victor Johnson, a 59-year-old adult, filed a petition on August 13, 2020, alleging that he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) in his right shoulder following an influenza vaccination received on September 20, 2017. Initially, he pursued a "Table Injury" claim, which was dismissed.
He then amended his petition to assert a claim based on "causation-in-fact." The respondent, the Secretary of Health and Human Services, argued that the petitioner's symptoms were primarily due to carpal tunnel syndrome, which is not vaccine-related, and that any rotator cuff tear was an incidental finding. The public decision does not detail the petitioner's specific symptoms beyond initial reports of arm pain, stiffness, muscle twitching, and later numbness and tingling in his fingers.
Medical records indicated a diagnosis of carpal tunnel syndrome, but also a rotator cuff tear. Petitioner's expert, Dr.
Naveed Natanzi, opined that the vaccination caused a SIRVA-like injury, including rotator cuff pathology, and that carpal tunnel syndrome could not explain the shoulder pain. Respondent's experts, Dr.
Pria Anand and Dr. Paul Cagle, argued that carpal tunnel syndrome could present with shoulder pain and that the rotator cuff tear was likely an incidental finding unrelated to the vaccine.
Special Master Daniel T. Horner issued a ruling on entitlement on December 20, 2023, finding that the petitioner was entitled to compensation because the vaccination was a substantial factor in causing his shoulder injury.
The Special Master concluded that the petitioner met the "causation-in-fact" standard under the Althen standard, establishing a medical theory connecting the vaccination to the injury, a logical sequence of cause and effect, and a proximate temporal relationship. The Special Master also found that the respondent did not prove the injury was caused by a factor unrelated to the vaccine.
Subsequently, on May 7, 2024, a decision awarding damages was issued. Victor Johnson was awarded a lump sum of $65,000.00 in pain and suffering, payable by check to him, as compensation for his vaccine-related shoulder injury.
Leigh Finfer represented the petitioner, and Parisa Tabassian represented the respondent.
Theory of causation
Petitioner Victor Johnson, age 59, received an influenza vaccine on September 20, 2017, and subsequently developed shoulder pain and other symptoms. His Table claim for SIRVA was dismissed, and the case proceeded on a causation-in-fact theory. Petitioner's expert, Dr. Naveed Natanzi, opined that the flu vaccination caused a SIRVA-like injury, including rotator cuff pathology, via needle overpenetration and subsequent inflammatory response, and that carpal tunnel syndrome, also diagnosed, did not explain the shoulder pain. Respondent's experts, Dr. Pria Anand and Dr. Paul Cagle, argued that carpal tunnel syndrome could cause shoulder pain and that the rotator cuff tear was an incidental finding unrelated to the vaccine, asserting no scientific link between vaccination and carpal tunnel syndrome. Special Master Daniel T. Horner found that petitioner met the Althen standard for causation-in-fact, establishing a medical theory (vaccine injection causing rotator cuff injury), a logical sequence of cause and effect (lack of prior shoulder pain, post-vaccination onset of symptoms, diagnosis of rotator cuff pathology), and a proximate temporal relationship (symptoms perceived within hours to a day post-vaccination, with shoulder pain noted in subsequent medical visits). The Special Master concluded that the respondent did not prove the injury was caused by a factor unrelated to the vaccine. Petitioner was awarded $65,000.00 for pain and suffering. Attorneys: Leigh Finfer for petitioner, Parisa Tabassian for respondent. Special Master: Daniel T. Horner. Decision Dates: Entitlement Ruling December 20, 2023; Damages Decision May 7, 2024.