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

On December 30, 2020, Thomas Gothers filed a Vaccine Program petition alleging that an influenza vaccination administered in his left arm on October 1, 2019 caused a shoulder injury related to vaccine administration. His theory depended first on proving a Table SIRVA, which required showing that shoulder pain began within forty-eight hours of vaccination.

Respondent argued that Mr. Gothers could not prove Table onset.

Chief Special Master Brian H. Corcoran reviewed the medical records, affidavits, and briefing and found the onset evidence too weak.

Mr. Gothers stated that he felt left shoulder and upper arm pain immediately, and his wife, who had training in intramuscular injections, supported the account.

But the medical records showed several intervening medical visits in January and February 2020 for ankle-related care without any left-shoulder complaint. The first treatment record for the left shoulder was March 2, 2020, about 153 days after vaccination.

That record described left deltoid pain that started in December 2019, and later orthopedic and physical therapy records continued to connect the pain to the flu shot but did not consistently place onset within forty-eight hours. Mr.

Gothers had reduced range of motion and tenderness, was referred for physical therapy and sports medicine, and later received an intra-articular corticosteroid injection. On August 15, 2023, the Chief Special Master dismissed the Table claim and ordered Mr.

Gothers to show cause if he wished to pursue a non-Table causation theory. After an unsuccessful jurisdictional motion for review of the interim order, Mr.

Gothers reported on February 9, 2024 that he did not see an off-Table claim as viable. The petition was dismissed on April 10, 2024.

Chief Judge Matthew H. Solomson later affirmed the dismissal in a public review decision filed September 26, 2024, holding that the Chief Special Master had not abused his discretion in weighing the onset evidence.