Christopher Dawson v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)

Christopher Dawson filed a petition alleging SIRVA following an influenza vaccine on December 28, 2016. The respondent contested entitlement, arguing the petitioner failed to establish limited range of motion, a requirement under the Vaccine Injury Table (42 C.F.R. § 100.3(c)(10)). Chief Special Master Brian H. Corcoran reviewed medical records, finding that while Mr. Dawson experienced periods of full range of motion, contemporaneous records from September 29, 2017, indicated "pain + limited ROM [with] L[eft] shoulder in upward mot[ion]" and an objective assessment noting "ROM limitations" in the left shoulder. An MRI order and report also cited "decreased range of motion" as a reason for the exam. Chief Special Master Corcoran concluded that Mr. Dawson satisfied the Table criteria for SIRVA, including the requirement of pain and reduced range of motion limited to the affected shoulder, and thus was entitled to a presumption of causation. Entitlement was granted on November 4, 2021. A subsequent decision on February 14, 2022, awarded Mr. Dawson $55,000.00 as a lump sum payment, representing compensation for all elements of damages under 42 U.S.C. § 300aa-15(a), based on a joint proffer agreed to by both parties. Petitioner was represented by Jerome A. Konkel, and Respondent was represented by Claudia Barnes Gangi. The public decision does not name specific medical experts or detail the mechanism of injury beyond the general description in the SIRVA QAI.