Stephen Peka v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
Stephen Peka, an adult, received an influenza vaccine on October 9, 2018. He alleged that the vaccine caused a shoulder injury related to vaccine administration (SIRVA).
While he initially filed a Table claim, the court found that he could not meet all the Table elements, specifically ruling out other conditions that could explain his symptoms. However, the court found that Mr.
Peka established entitlement to damages under a causation-in-fact claim, demonstrating that the vaccine was a substantial factor in bringing about his SIRVA. The medical records and testimony indicated immediate pain and limited range of motion following the vaccination, although Mr.
Peka also had a history of prior shoulder issues. The court noted that his treatment was conservative and that some of his ongoing pain could be attributed to pre-existing conditions.
Ultimately, the court awarded Mr. Peka $75,000.00 for pain and suffering and $820.00 for past medical expenses, totaling $75,820.00.
The court considered the duration of his pain, the conservative nature of his treatment, and the presence of pre-existing shoulder conditions when determining the award amount, and did not give significant weight to his scheduled surgery as being solely vaccine-related.
Theory of causation
Influenza vaccine on October 9, 2018, adult exact age not stated, followed by immediate shoulder pain and limited range of motion. COMPENSATED. Petitioner Stephen Peka did not satisfy every Table SIRVA element because other shoulder conditions were present, but Chief Special Master Corcoran found causation-in-fact for vaccine-related shoulder injury. Damages decision filed January 15, 2025 awarded $75,820 ($75,000 pain and suffering + $820 past medical expenses). Earlier/later supplemental materials concern interim/final fees.
Source PDFs
USCOURTS-cofc-1_20-vv-01099