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.
Theory of causation
Influenza vaccine in left deltoid on October 25, 2018 allegedly causing left shoulder injury/SIRVA. COMPENSATED by stipulation after Table claim dismissed. Key facts: prior 2015 left shoulder work injury with partial rotator-cuff tearing and AC arthrosis; post-vaccine pain reported immediately/next morning; urgent care seven weeks later; treatment included medication, orthopedics, cortisone injection, and PT. Chief SM Corcoran found six-month severity met but Table SIRVA unavailable because of prior shoulder dysfunction. Remaining claim resolved by stipulation; respondent denied causation. Petition filed March 23, 2021; damages decision by SM Daniel T. Horner February 20, 2025. Award $22,000 lump sum. Attorney: Caitlyn Shea Malcynsky, Walsh Woodard LLC.