Frank Weinberg v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2025)

Filed 2020-03-11Decided 2025-04-28Vaccine Influenza
entitlement_granted_pending_damages

Case summary [AI summaries can sometimes make mistakes]

Frank Weinberg, an adult police officer, received an influenza vaccine in his left arm on November 16, 2017. Within hours, he developed pain in his left shoulder and arm, which he reported to his primary care physician.

Initially, his symptoms were attributed to potential cervical radiculopathy, and he received treatment including muscle relaxers and steroids, which provided little relief. He also experienced numbness in his fingers, later diagnosed as carpal tunnel syndrome, which the court found to be an incidental finding explaining some of his symptoms but unrelated to his shoulder injury.

Despite initial confusion regarding the source of his pain, his orthopedic surgeon, Dr. Huffman, diagnosed a SIRVA-type injury consistent with vaccine-related bursitis.

Mr. Weinberg underwent two surgical procedures on his left shoulder for conditions including biceps tendinitis, bursitis, and rotator cuff issues.

The court found that Mr. Weinberg met all four criteria for a Table SIRVA injury, including no prior history of shoulder issues, onset within 48 hours of vaccination, pain and limited range of motion primarily in the shoulder, and no other condition explaining the shoulder symptoms.

The court determined that the evidence preponderated in favor of a vaccine-related SIRVA injury and that he is entitled to compensation. The case will now proceed to the damages phase.

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