Jean Gentile v. HHS - Influenza, left shoulder injury consistent with a SIRVA (2020)

Jean Gentile, an adult, received an influenza vaccine on October 15, 2015. She alleged that she suffered a left shoulder injury, specifically Shoulder Injury Related to Vaccine Administration (SIRVA), caused by this vaccination.

Although SIRVA was not yet on the Vaccine Injury Table at the time of her petition filing, she proceeded with an off-Table claim, requiring her to prove causation-in-fact. Gentile's medical records indicated that she first complained of left shoulder pain about a month after the vaccination, leading to a diagnosis of impingement and later adhesive capsulitis.

However, she also provided sworn statements and medical records suggesting that her shoulder pain began within 48 hours of the vaccination, despite not mentioning it during earlier medical visits for diarrhea and severe headaches. The respondent argued that the delay in seeking treatment and the lack of contemporaneous complaints of shoulder pain were fatal to her claim.

The court found that Gentile's sworn statements, combined with her medical records, provided preponderant evidence that her shoulder pain manifested within 48 hours of the vaccination, satisfying the proximate temporal relationship required for causation. The court also found a logical sequence of cause and effect, supported by the criteria for SIRVA, and that the vaccination was a substantial factor in causing her injury.

Consequently, the court ruled that Gentile was entitled to compensation. A subsequent decision awarded her a total of $96,294.21, comprising $85,000.00 for actual pain and suffering, $10,094.83 for future pain and suffering (converted to present value), and $1,199.38 for past unreimbursable expenses.