Perry Walters v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2025)

Filed 2021-01-05Decided 2025-08-26Vaccine Influenza
denied

Case summary [AI summaries can sometimes make mistakes]

On January 5, 2021, Perry Walters filed a petition alleging that an influenza vaccination administered at Walgreens on October 3, 2019 caused a right shoulder injury related to vaccine administration. He was 54 years old and worked as an HVAC technician.

Respondent opposed entitlement on two grounds: the certified Walgreens Vaccine Administration Record showed the vaccine was administered in the left arm, and the medical records did not show onset within the 48-hour Table window. Mr.

Walters later produced an uncertified school immunization notification form marking the right deltoid, along with affidavits from himself, his wife, his supervisor, and a coworker stating that he complained of right shoulder pain shortly after vaccination. Chief Special Master Brian H.

Corcoran found the certified Walgreens record more reliable than the later school form, which had been created at Mr. Walters's request after he had researched SIRVA and did not reflect the pharmacist's independent recollection.

He also found the contemporaneous medical records more persuasive than the affidavits on onset. In January, March, and April 2020 visits, Mr.

Walters reported pain beginning in December 2019, and Dr. Fehsenfeld's notes suggested that he had been able to shoot rifles and ride an ATV before noticing right shoulder pain later in December.

On August 26, 2025, the Special Master denied compensation. Mr.

Walters failed to prove by preponderant evidence that the flu vaccine was administered in the right arm or that shoulder pain began within 48 hours, and he had not pleaded a cognizable causation-in-fact claim.

Theory of causation

Influenza vaccine on October 3, 2019, age 54, alleged right SIRVA. DENIED. Respondent disputed both situs and onset. Certified Walgreens vaccine administration record showed left arm; later uncertified school immunization form said right deltoid but was created at petitioner's request after he suspected SIRVA. Medical records from Dr. Doan Khac Nguyen, Dr. Drew Fehsenfeld, and Dr. Chiriboga placed onset in December 2019, not within 48 hours, despite affidavits from petitioner, wife, coworker, and supervisor. Chief Special Master Corcoran gave greater weight to the contemporaneous vaccine and medical records and found no cognizable off-Table claim. Decision August 26, 2025. Attorney: Johnathan Svitak, Shannon Law Group.

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