Matthew Huber v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2023)

Matthew Huber filed a petition for compensation under the National Vaccine Injury Compensation Program on January 5, 2021, alleging that he suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 18, 2020. He alleged that the vaccine was administered in the United States, his symptoms continued for more than six months, and he had not received prior compensation for this injury.

On February 21, 2023, the Respondent, Secretary of Health and Human Services, filed a report conceding entitlement to compensation. The Respondent agreed that Mr.

Huber had no prior history of left shoulder pain or dysfunction, that his pain began within 48 hours of vaccination, was localized to the injection site, and that no other condition explained his symptoms. The Respondent also agreed that Mr.

Huber timely filed his claim, received the vaccine in the United States, and met the statutory severity requirement. Chief Special Master Brian H.

Corcoran issued a ruling on entitlement on February 22, 2023, finding Petitioner entitled to compensation. Subsequently, the parties were unable to agree on the amount of damages, leading to a decision on damages issued on November 27, 2023.

Mr. Huber, a 36-year-old adult, received the influenza vaccine in his dominant left arm on September 18, 2020.

Approximately 18 days later, on October 6, 2020, he presented to his primary care physician with a chief complaint of acute left shoulder pain, describing it as progressively worsening since the day after vaccination, moderate in severity, and aggravated by movement. His primary care physician tentatively assessed tendinitis aggravated by the flu shot and prescribed oral steroids and home exercises.

Two weeks later, Mr. Huber reported no relief from the steroids, and an X-ray was unremarkable.

He then saw an orthopedist on October 30, 2020, reporting moderate to severe, fluctuating, and intermittent pain, difficulty sleeping, and relief with ice, over-the-counter medications, rest, and stretching. The orthopedist assessed an inflammatory reaction from the flu shot and impingement-like symptoms, recommending medication, home exercises, and follow-up.

By November 25, 2020, his shoulder pain had improved but was still present, with no tenderness or pain on examination. He received a Tdap vaccine on this date in anticipation of his wife's first child, due in February.

On December 10, 2020, he reported unchanged pain despite mild temporary relief from Meloxicam, and his range of motion was improved but still painful. He was unable to play tennis due to the injury to his dominant side.

The orthopedist administered a subacromial steroid injection and recommended formal physical therapy (PT). Mr.

Huber began PT on December 14, 2020, reporting pain of 3/10, ranging from 0-5/10, with functional limitations including pain with sleeping, inability to play tennis, and pain with reaching behind. His goals were to return to tennis and activities of daily living without pain.

He underwent 29 PT sessions over approximately three months. By January 21, 2021, he reported his shoulder was "definitely getting better" but still had pain with certain movements.

On January 22, 2021, he reported no relief from the steroid injection but mild relief from Meloxicam, and PT was improving function. He received another steroid injection on March 18, 2021, after which the orthopedist noted he was "dramatically better" and it was "a matter of time." He continued PT until March 29, 2021, after which he discontinued PT.

He sought no further treatment. In February 2023, Mr.

Huber stated his injury did not impact his job performance but disrupted his sleep, personal relationships, and recreational activities like tennis. He also noted the PT and steroid injections were painful.

Chief Special Master Corcoran awarded Mr. Huber a total of $71,247.78, comprising $70,000.00 for actual pain and suffering and $1,247.78 for actual unreimbursable expenses.

The decision noted that while the injury caused some disruptions, it did not involve confounding variables such as significant family caretaking obligations during the primary treatment course, and the overall SIRVA was considered mild.