John Black v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

John Black filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine he received on October 31, 2019. Respondent moved to dismiss, arguing that Mr.

Black did not meet the Table requirements for SIRVA, specifically the six-month severity requirement. The medical records indicated that Mr.

Black first sought treatment for left shoulder pain approximately six weeks after vaccination, reporting that the pain occurred after the flu shot. While the court found evidence of onset within 48 hours of vaccination, it determined that the severity requirement was not met.

There was a significant treatment gap of approximately eighteen months between January 2020 and July 2021, which the court found too large to be excused by the COVID-19 pandemic, especially since the gap began before the pandemic's major impact. Mr.

Black's own testimony and at-home physical therapy lacked corroborating evidence. The court noted that his July 2021 treatment visit occurred after the severity requirement was raised in litigation.

Because Mr. Black failed to establish that his injury persisted for the required six months, his claim was dismissed.