Steven Zebofsky v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)

Steven Zebofsky filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a right shoulder injury caused by the influenza vaccine he received on October 18, 2014. He also received a pneumococcal vaccine on the same day, both in his right arm.

Mr. Zebofsky had a prior history of right shoulder pain in 2012, which had resolved by the time of vaccination.

The court's initial ruling on entitlement found that the injury was factually caused by the influenza vaccine, giving greater weight to medical records created closer in time to the vaccination which attributed the injury solely to the flu shot. Because SIRVA was not on the Vaccine Injury Table at the time of filing, Mr.

Zebofsky had to prove causation in fact under the Althen test. His expert, Dr.

G. Russell Huffman, opined that the injury was SIRVA resulting from the influenza vaccination, and that the prior shoulder condition did not preclude this adverse reaction.

Respondent argued that it was impossible to determine which vaccine caused the injury, but did not provide evidence to establish the pneumococcal vaccine as an alternative cause. The court concluded that Mr.

Zebofsky established a prima facie case for causation in fact. Subsequently, a decision awarding damages was issued based on a proffer from the respondent.

Mr. Zebofsky was awarded a lump sum of $55,000.00 for all elements of compensation, with reasonable attorneys' fees and litigation costs to be determined separately.