Gary Smallwood v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2020)

Gary Smallwood filed a petition alleging a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 6, 2016. He claimed the injury caused pain and limited range of motion, impacting his ability to work.

The case proceeded as a Table injury claim, meaning causation was presumed if the criteria were met. The primary dispute centered on whether the onset of pain occurred within the 48-hour window required for a Table SIRVA.

Mr. Smallwood presented evidence that he experienced pain immediately after the vaccination, though he did not seek medical attention for nearly eight weeks due to financial concerns and difficulty obtaining an appointment.

Medical records from his initial orthopedic visit on December 30, 2016, indicated pain since the flu shot. Subsequent treatment, including physical therapy, showed improvement over time.

The court found that the evidence preponderantly supported an immediate onset of pain, thus meeting the Table SIRVA criteria. All other statutory requirements, including the injury lasting more than six months and no prior civil action or award, were also met.

Consequently, Mr. Smallwood was found entitled to compensation.

The court awarded him $72,500.00 for actual pain and suffering, considering the duration and severity of his injury in comparison to prior SIRVA cases.