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.

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