Terry Petty v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)

Terry Petty filed a petition alleging that an influenza vaccine received on September 13, 2016, caused a shoulder injury related to vaccine administration (SIRVA), a Table injury. Mr.

Petty, a 63-year-old retail district manager, reported left shoulder pain with decreased function within 24 hours of vaccination. He sought medical attention, and his physicians noted pain with motion but consistently found full range of motion in his left shoulder.

The medical records indicated a rotator cuff tear diagnosed via MRI in November 2017. The respondent contested entitlement, arguing Mr.

Petty failed to demonstrate symptom onset within 48 hours and that his injury did not meet the severity requirement of the Vaccine Act, specifically the loss of range of motion. The court found that while Mr.

Petty experienced pain, the medical records did not reflect a demonstrated reduction in range of motion, which is a requirement for a Table SIRVA claim. Therefore, the court dismissed the Table SIRVA claim but granted Mr.

Petty an opportunity to pursue an off-Table claim based on the same facts. The decision was issued on February 5, 2025.