Robert Clendaniel v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)

Robert Clendaniel, an adult, received an influenza vaccine in his left shoulder on October 8, 2018. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA).

Petitioner stated that later that day, his left shoulder was throbbing, hot, painful, and he was unable to move his arm without severe pain. He sought medical treatment less than a month later, reporting pain and reduced range of motion, and was diagnosed with possible impingement.

Subsequent treatments included steroid injections and arthrocentesis procedures. The respondent argued that the petitioner failed to establish a Table claim because the onset of his pain was not within 48 hours of vaccination and that his pain was not limited to his left shoulder.

The court found that the petitioner's affidavit, stating immediate pain on the day of vaccination, along with subsequent medical records linking the pain to the flu injection, established onset within 48 hours. The court also found that the evidence preponderantly supported that the pain was limited to his left shoulder, and that there was no other condition to explain the symptoms.

The court determined that Mr. Clendaniel met the criteria for a Table SIRVA and was entitled to compensation.

The court awarded $60,000.00 for pain and suffering, finding the injury to be mild to moderate and the treatments not extensive or invasive, analogous to prior SIRVA cases with similar awards.