Benjamin Gootee v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)

On July 29, 2022, Benjamin Gootee filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine he received in his right shoulder on November 18, 2020. Mr.

Gootee, a 37-year-old CEO, stated that his past medical history was unremarkable for right shoulder pain or dysfunction. He reported experiencing right shoulder pain and limited range of motion starting around December 1, 2020, approximately 42 days after vaccination, which he mentioned during a physical therapy evaluation for an Achilles heel issue.

He was able to schedule physical therapy for his shoulder, beginning on December 30, 2020. Mr.

Gootee described discomfort during certain movements and pain when lifting his arm overhead, reaching across his body, lifting with an extended reach, and sleeping on his right side. His primary care physician, Dr.

Ryan Lee, recommended over-the-counter pain relief and referred him to physical therapy specifically for his shoulder. Mr.

Gootee underwent 23 physical therapy sessions from February to June 2021, reporting intermittent sharp, shooting pain as severe as six or seven on a ten-point scale. During a consultation with orthopedist Dr.

Timothy Finney, M.D., on May 3, 2021, Mr. Gootee presented with decreased strength, decreased range of motion, and positive impingement signs.

An x-ray showed a Type III acromion and degenerative acromioclavicular joint changes. He received a steroid injection in his right shoulder, which provided some relief but was followed by fatigue and residual guarding.

His final physical therapy session occurred on June 9, 2021, approximately seven months post-vaccination, at which point he reported no pain or tightness, full range of motion, and a complete return to his premorbid level, having achieved all therapy goals. He was discharged with a recommendation for home exercises.

On December 20, 2021, during an annual exam and flu vaccine, no musculoskeletal complaints were noted, and normal range of motion was documented. Mr.

Gootee stated that the injury led to a decline in his emotional well-being, causing him to become depressed and withdrawn, affecting his ability to concentrate and make decisions, and requiring him to take time away from work. His business acquaintance, Erik Frank, his Vice President, Kyle Sharbonno, and his wife, Ashley Gootee, provided statements corroborating the impact of the injury on his outlook, work, and personal life, including difficulties playing with his children and sleep disturbances.

Respondent conceded that Petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table, that he had no prior shoulder issues, that pain occurred within 48 hours post-vaccination, was limited to the vaccinated shoulder, and no other condition explained the pain. Respondent also agreed that Petitioner suffered residual effects for more than six months, satisfying the prerequisites for compensation.

The case proceeded to a damages hearing. Petitioner sought $85,000.00 for past pain and suffering and $916.61 for unreimbursable expenses.

Respondent argued this amount was excessive, suggesting an award consistent with mild cases and citing comparable cases with awards ranging from $30,000.00 to $65,000.00. Chief Special Master Brian H.

Corcoran found that Mr. Gootee's SIRVA was on the mild end of the spectrum, noting it did not require surgery and largely resolved within seven months.

He found Petitioner's cited cases distinguishable due to special circumstances not present in Mr. Gootee's case.

Chief Special Master Corcoran awarded Benjamin Gootee $43,000.00 for past pain and suffering and $961.16 for unreimbursable medical expenses, for a total award of $43,961.16, payable by check to Petitioner. The decision was issued on January 7, 2025.