Joseph Spataro v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)

Joseph Spataro, a 38-year-old adult, received an influenza vaccine on October 12, 2015. He alleged that he developed Shoulder Injury Related to Vaccine Administration (SIRVA) in his left shoulder, with pain and numbness radiating down his arm, which lasted for more than six months.

Mr. Spataro initially sought medical attention ten days after vaccination, reporting left shoulder pain.

However, his medical records showed an 11-month gap in treatment for this shoulder pain. Later medical records indicated an "insidious onset" of shoulder pain approximately 18 months prior to a September 2016 visit, and a physical therapy evaluation in October 2016 noted bilateral shoulder pain that had been progressing for two months.

The respondent argued that Mr. Spataro failed to meet the criteria for an on-Table SIRVA claim, specifically regarding the onset of pain within 48 hours of vaccination and the limitation of pain to the injected shoulder.

The court agreed, finding that the medical records did not document onset within 48 hours and that Mr. Spataro's pain was not exclusively limited to his left shoulder, as evidenced by radiating numbness and later reports of bilateral shoulder pain.

Furthermore, the court found that Mr. Spataro failed to establish the injury persisted for more than six months due to the significant gap in treatment and the lack of corroborating medical evidence.

Consequently, Mr. Spataro's petition was dismissed for failure to establish entitlement to compensation.