Louis Brandt v. HHS - Influenza, right-sided shoulder injury related to vaccine administration (SIRVA) (2023)

On January 11, 2021, Louis Brandt filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a right-sided shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine he received on October 21, 2019. The case was assigned to the Special Processing Unit (SPU).

On June 8, 2022, the Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Mr. Brandt satisfied the criteria for SIRVA as defined by the Vaccine Injury Table and its accompanying Qualifications and Aids to Interpretation.

The Respondent did not identify any other causes for the injury. The public decision notes that Mr.

Brandt timely filed his case, received the vaccine in the United States, and suffered residual effects for more than six months, satisfying statutory requirements. Chief Special Master Brian H.

Corcoran issued a Ruling on Entitlement on June 10, 2022, finding Mr. Brandt entitled to compensation.

Following the entitlement ruling, the parties were unable to resolve damages independently. On June 14, 2023, Chief Special Master Corcoran issued a Decision Awarding Damages.

The decision details Mr. Brandt's medical history, including his initial complaint of soreness approximately two weeks after vaccination, conservative treatment including ice, heat, pain medication, and physical therapy over several months.

Imaging revealed tendinosis, a small tear, and impingement. Mr.

Brandt's range of motion was mildly limited and improved with physical therapy, and he did not require surgery. The Special Master noted that Mr.

Brandt consistently characterized his pain as soreness or fatigue, never reporting pain above 4/10, and that his formal treatment concluded approximately eight months after vaccination. The Special Master reviewed prior SIRVA cases and compared Mr.

Brandt's situation to those in the record. The Special Master found Mr.

Brandt's case to be most comparable to the Dagen case, which resulted in an award of $65,000.00 for pain and suffering. Mr.

Brandt was awarded a total of $65,730.38, comprising $65,000.00 for actual pain and suffering and $730.38 for actual unreimbursed expenses. Petitioner's counsel at various stages included LeeAnne Pedrick of Muller Brazil, LLP, and later Danielle Strait of Maglio Christopher & Toale, PA.

Respondent's counsel was Lauren Kells of the U.S. Department of Justice.

Chief Special Master Brian H. Corcoran presided over the entitlement ruling and the final decision awarding damages.