Jonathan Turnquest v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2024)

Jonathan Turnquest filed a petition alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on August 15, 2020. The respondent initially contested entitlement, arguing that Mr.

Turnquest failed to meet the six-month severity requirement and did not establish that his shoulder pain began within 48 hours of vaccination, or that there wasn't another condition explaining his symptoms. The court found that the evidence supported Mr.

Turnquest meeting the six-month severity requirement, noting his continued shoulder impairment. Regarding onset, the court interpreted his statement of pain developing "after his flu shot" as meeting the 48-hour window, especially in the absence of contrary evidence.

The court also found that a pre-existing rotator cuff tear did not explain his post-vaccination symptoms, as he had no prior shoulder issues. Consequently, the court determined Mr.

Turnquest was entitled to compensation as a Table SIRVA injury. For damages, Mr.

Turnquest sought $75,000 for pain and suffering, citing his need for potential surgery and significant pain. The respondent proposed $20,000, arguing his injury was mild and treatment was limited.

The court acknowledged the severity of the MRI findings and the recommendation for surgery but noted the lack of actual surgery and significant treatment gaps. Considering these factors and comparing to prior cases, the court awarded $30,000 for pain and suffering.