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

Philip Wisniewski, a 66-year-old sales manager, filed a petition on March 11, 2021, alleging a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 12, 2020. He claimed the injury resulted in residual effects for more than six months.

The respondent conceded entitlement on July 26, 2023, agreeing that Mr. Wisniewski's injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting he had no prior left shoulder issues, the pain occurred within 48 hours of vaccination, was limited to the injection site, and no other condition explained the pain.

The case proceeded to a damages hearing as the parties could not agree on compensation. Mr.

Wisniewski sought $125,000 for pain and suffering and $1,253.10 for unreimbursable medical expenses, citing cases involving surgery for SIRVA. The respondent proposed $82,500 for pain and suffering, arguing Mr.

Wisniewski had a relatively mild-to-moderate injury and achieved good recovery after surgery. The medical history indicated that Mr.

Wisniewski received the flu vaccine in his left shoulder on October 12, 2020. He experienced intermittent discomfort and loss of range of motion in his left shoulder.

An x-ray revealed moderate to advanced arthritis in his AC joint. He was diagnosed with left shoulder vaccine-induced rotator cuff tendinitis/bursitis.

He underwent physical therapy and received a corticosteroid injection. An MRI showed a small partial-thickness tear of the left infraspinatus tendon and moderate AC joint arthritis.

He underwent left shoulder arthroscopy on March 22, 2021. Post-operative physical therapy showed significant improvement, and by July 2021, he reported 85-90% improvement.

He continued to experience some residual pain and limited range of motion. In his declaration, he stated he is still unable to sleep on his left side due to pain and experiences about 20% less strength and range of motion compared to his right side, affecting activities like fly fishing and playing with his grandsons.

The Special Master, Chief Special Master Brian H. Corcoran, awarded Mr.

Wisniewski $115,000 for pain and suffering and $1,253.10 for unreimbursable medical expenses, totaling $116,253.10. The Special Master noted that while Mr.

Wisniewski's injury required surgery, it was on the milder end of comparable cases, and his pre-existing moderate-to-advanced arthritis in the AC joint may have also contributed to his symptoms. The decision was issued on November 8, 2024.

Petitioner counsel was Leah VaSahnja Durant, and respondent counsel was Sarah Black Rifkin.