Aaron Weso v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Aaron Weso, an adult, received an influenza vaccine on November 30, 2017. Within 48 hours, he developed pain and reduced range of motion in his left shoulder, consistent with Shoulder Injury Related to Vaccine Administration (SIRVA).
He presented with symptoms shortly after vaccination, and while initial records noted full range of motion, later evaluations confirmed pain and limitations, particularly by July 2018. The respondent initially contested entitlement, arguing that Weso's pain was not limited to the vaccinated shoulder and that a later work injury complicated the picture.
However, the court found that Weso's pain and reduced range of motion were sufficiently limited to his left shoulder and that the injury met the criteria for a Table SIRVA claim. The court determined that the pain onset was within 48 hours of vaccination and that there was no prior condition or other abnormality to explain the symptoms.
Following the ruling on entitlement, the parties stipulated to damages. Chief Special Master Corcoran awarded Aaron Weso a lump sum of $52,500.00 as compensation for all available damages.
Source PDFs
USCOURTS-cofc-1_19-vv-00596