Paul L. Cooper v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2019)

Paul L. Cooper, a 62-year-old self-employed musician, filed a petition alleging he developed a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 16, 2014.

He reported feeling pain within 24 hours of the vaccination, which worsened over time. He sought treatment nearly three months later, complaining of left shoulder pain among other issues.

Later medical records, nearly three years post-vaccination, also documented left shoulder pain. The respondent moved to dismiss, arguing Mr.

Cooper failed to demonstrate residual effects for more than six months post-vaccination. The court reviewed medical records and Mr.

Cooper's affidavit, finding that his communications with his physician's office in April 2015, more than six months after vaccination, provided sufficient evidence to meet the six-month residual effects requirement. Therefore, the respondent's motion to dismiss was denied, and the case was set to proceed, with an order for the petitioner to file complete medical records.

Causation was not addressed in this ruling.