Eric Mates v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Eric Mates, a 38-year-old IT specialist, filed a petition on November 23, 2020, alleging a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on November 20, 2019. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on March 25, 2022, conceding that Mr.

Mates satisfied the criteria for a Table injury and was entitled to compensation. The case then proceeded to a damages determination, as the parties were unable to resolve the matter informally.

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

Mr. Mates sought $200,000.00 for pain and suffering, citing prompt treatment, pain levels of four to five out of ten initially, and two arthroscopic surgeries.

He compared his case to others involving multiple surgeries and injuries spanning over three years, which received awards between $185,000.00 and $200,000.00. The respondent argued for an award of $135,000.00, emphasizing Mr.

Mates' lower reported pain levels of two out of ten after his first surgery, attributing some symptoms to a pre-existing cervical radiculopathy condition, and noting a significant gap in treatment following his second steroid injection. The respondent also highlighted that Mr.

Mates' later symptoms and second surgery occurred after a nearly thirteen-month gap in treatment. Chief Special Master Corcoran reviewed the medical records, noting Mr.

Mates experienced mildly limited range of motion and initially moderate pain. He received one arthroscopic surgery on July 15, 2020, approximately nine months post-vaccination.

A cervical MRI performed prior to vaccination revealed findings involving the C5 to C7 vertebrae, and some post-vaccination symptoms like neck pain and finger numbness were considered more likely related to his cervical issues. A shoulder MRI showed findings consistent with SIRVA but also conditions unlikely to have been aggravated by vaccination.

After surgery, Mr. Mates reported fluctuating pain levels, but by his last physical therapy session on October 22, 2020, his pain had decreased significantly.

He received a second steroid injection in May 2021, which provided good relief. However, Mr.

Mates did not seek further treatment until June 2022, after an almost 13-month gap. An MRI at that time revealed findings likely secondary to postsurgical changes, and diagnoses included osteoarthritis and adhesive capsulitis.

Another orthopedist concluded that many of Mr. Mates' current symptoms were likely associated with cervical spine pathology.

Chief Special Master Corcoran found insufficient evidence to connect Mr. Mates' later symptoms and second surgery, performed in November 2022, to the SIRVA from 2019.

The Special Master concluded that Mr. Mates suffered a relatively mild SIRVA for approximately 19 months, involving one arthroscopic surgery, two cortisone injections, and a modest amount of physical therapy.

Comparing his case to similar SIRVA claims with awards ranging from $130,000.00 to $135,000.00, such as Amor, Anglewicz, Blanco, and Majerus, which involved mild to moderate pain, SIRVAs lasting 10 to 30 months, one surgery, and moderate physical therapy, Chief Special Master Corcoran awarded Mr. Mates $135,000.00 for pain and suffering and $635.00 for unreimbursed expenses, for a total award of $135,635.00.

The decision was issued on June 11, 2024.