Italo A. Miceli v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
Italo A. Miceli filed a petition on March 23, 2021, alleging that an influenza vaccine administered in his left deltoid on October 25, 2018, caused left shoulder pain.
Before the vaccination, he had injured the same shoulder in 2015 while working as a police officer, with MRI findings of partial tearing and AC joint arthrosis. The Special Master first addressed whether the Table claim could proceed.
Mr. Miceli reported severe pain immediately after vaccination and inability to move his arm the next morning.
He sought urgent care seven weeks later with persistent left shoulder pain and limited motion since the flu shot, then treated with medication, orthopedics, cortisone injection, and physical therapy. Chief Special Master Corcoran found that the residual-effects requirement was met, but dismissed the Table SIRVA claim because the prior left shoulder injury prevented petitioner from meeting the Table requirement of no prior shoulder dysfunction.
The parties later resolved the remaining claim by stipulation. Respondent denied Table SIRVA, denied causation, and denied sequelae.
Special Master Daniel T. Horner adopted the stipulation on February 20, 2025, awarding Mr.
Miceli $22,000.00 as a lump sum. A later fee decision concerned attorney fees and costs only.
Mr. Miceli was represented by Caitlyn Shea Malcynsky of Walsh Woodard LLC.
Source PDFs
USCOURTS-cofc-1_21-vv-01100