John Tisdel v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

John Tisdel filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine he received on August 22, 2017. He claimed that he experienced weakness, numbness, and pain in his left shoulder and arm starting approximately three months after the vaccination.

Respondent argued that Petitioner had not met the severity requirement of the Vaccine Act, that his onset of pain was not within forty-eight hours of vaccination, and that his symptoms were not indicative of SIRVA. The medical records showed no prior history of left shoulder pain.

Petitioner first reported symptoms around November 27, 2017, but then had significant gaps in treatment and reporting of shoulder pain, with some later complaints attributed to travel or other factors. A diagnosis of adhesive capsulitis was made on March 1, 2019, and an MRI on July 10, 2019, revealed a tendon tear and arthropathy.

The court found that Petitioner failed to establish by a preponderance of the evidence that his injury persisted for the six months required by the Act, noting the inconsistent reporting of the injury's cause and the significant gaps in treatment. Consequently, the court dismissed the claim for failure to meet the severity requirement.