Carlos Diaz v. HHS - Influenza, shoulder pain and limited range of motion (2025)
Case summary [AI summaries can sometimes make mistakes]
Carlos Diaz filed a petition alleging a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine he received on October 11, 2017. The Chief Special Master previously ruled that the vaccine was likely administered in his right arm and that the onset of his shoulder pain occurred on the day of vaccination, satisfying the Table criteria for SIRVA.
In this subsequent decision, the court awarded Mr. Diaz compensation for his injuries.
The medical records indicate that Mr. Diaz experienced immediate pain and limited range of motion in his right shoulder following the vaccination.
He initially sought conservative treatment, including physical therapy, and later underwent surgery approximately 18 months after vaccination. Despite a delay in seeking initial medical care and periods of improvement and recurrence of symptoms, the court found that Mr.
Diaz's injury was moderate and warranted compensation. The parties were unable to agree on damages, leading to this decision.
The court awarded Mr. Diaz $115,000.00 for actual pain and suffering and $2,992.88 for out-of-pocket expenses, for a total award of $117,992.88.
This award was based on a thorough review of the medical records, the duration and severity of his symptoms, the treatment received, and comparisons to similar SIRVA cases.