Ronald Johnk v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2023)

Ronald Johnk filed a petition for compensation under the National Vaccine Injury Compensation Program on January 12, 2021, alleging a right shoulder injury related to vaccine administration (SIRVA) after receiving the influenza vaccine on November 29, 2019. Mr.

Johnk, who was 71 years old at the time of vaccination, claimed SIRVA as a "Table" injury. The case was adjudicated by Chief Special Master Brian H.

Corcoran. The respondent was the Secretary of Health and Human Services, represented by Jennifer A.

Shah of the U.S. Department of Justice.

Petitioner was represented by Laura Levenberg of Muller Brazil PA. The core issue in the case was whether Mr.

Johnk met the statutory requirement of suffering the residual effects of his alleged SIRVA injury for more than six months. The public decision does not describe the specific symptoms or clinical presentation of the alleged SIRVA beyond pain and numbness, nor does it detail diagnostic tests performed or specific treatments beyond a home exercise program and an offered steroid injection.

Petitioner's counsel was Laura Levenberg. Respondent's counsel was Jennifer A.

Shah. Chief Special Master Brian H.

Corcoran issued the decision. The case was dismissed because the Special Master found that Mr.

Johnk failed to establish by preponderant evidence that he suffered the residual effects of his alleged SIRVA injury for more than six months. While Mr.

Johnk reported right shoulder pain starting eleven days after vaccination, which continued for approximately two months, he did not report shoulder pain during a primary care provider (PCP) visit in June 2020, more than six months post-vaccination. He acknowledged he likely was not experiencing pain at that time.

In September 2020, approximately ten months after vaccination, Mr. Johnk reported a sudden, ten-minute stabbing pain in his right shoulder, arm, and hand, which recurred at the time, leaving a residual dull ache.

The Special Master found this later pain was not sufficiently linked to the vaccine or the earlier pain to meet the six-month severity requirement. The Special Master noted that Mr.

Johnk had a history of prior joint pain, including in his right shoulder, and that the symptoms reported in the months following vaccination were mild and improving. The Special Master concluded that the evidence did not preponderantly suggest the injury continued for at least six months or that the later pain was related to the vaccine.

The petition was denied entitlement, and the case was dismissed for insufficient evidence. The Clerk of Court was ordered to enter judgment accordingly.

No award amount was granted.