Victor Johnson v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2024)

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 April 8, 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.