Jeffrey Schafer v. HHS - Influenza, right shoulder injury (2021)

Jeffrey Schafer filed a petition on January 25, 2021, alleging that he suffered a right shoulder injury as a result of an influenza vaccination administered on October 15, 2014. He stated that almost immediately after receiving the injection, he began to suffer pain in his right shoulder, making it difficult to move and use his arm, and was unable to continue working as a painter.

His experts, Dr. G.

Russell Huffman and Dr. Marko Bodor, opined that he developed Shoulder Injury Related to Vaccine Administration (SIRVA) and that the vaccine caused his injury.

The court found that petitioner provided preponderant evidence that the flu vaccine caused his right shoulder injuries, satisfying the three prongs of the Althen test for causation-in-fact. The court noted that SIRVA was not on the Vaccine Injury Table for petitions filed before March 21, 2017, thus requiring proof of causation.

The court found that petitioner established a sound medical theory for SIRVA causation, a logical sequence of cause and effect showing the vaccine was the reason for the injury, and a proximate temporal relationship between the vaccination and the injury. Entitlement to compensation was granted, and a separate damages order will issue.