Robert Galante v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

Robert Galante, an adult, received an intradermal influenza vaccine on September 7, 2016. Within hours, he developed left shoulder pain and dysfunction, diagnosed as shoulder injury related to vaccine administration (SIRVA).

Mr. Galante presented medical records and expert testimony from an immunologist and an orthopedic surgeon, arguing that improper administration of the vaccine led to an inflammatory response causing his shoulder injury.

Respondent contended that the vaccine's needle was too short to cause deep tissue injury and that Mr. Galante's condition was due to pre-existing degenerative changes or coincidence.

The Special Master found that Mr. Galante's testimony and medical records credibly established that his shoulder pain began immediately after the vaccination, well within the 48-hour timeframe.

The court accepted the theory that improper administration, including excessive force and incorrect technique, caused the vaccine to be deposited deeper than intended, leading to inflammation and pain. The court found that Mr.

Galante proved causation by a preponderance of the evidence, entitling him to compensation, with damages to be determined in a separate order.