Odette DiPietro v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2025)

On January 7, 2021, Odette DiPietro filed a petition alleging that an influenza vaccination administered in her left arm on October 16, 2019 caused a shoulder injury related to vaccine administration. She had no prior left-shoulder history that would explain the post-vaccination symptoms.

Ms. DiPietro first sought care on December 6, 2019, reporting that she had received the flu shot at Walgreens on October 16 and was still having left-arm pain.

Examination showed limited left-shoulder flexion, extension, and abduction due to pain, and she was diagnosed with bicipital tendinitis and prescribed Medrol. Chiropractic records later described cervical pain radiating toward the left shoulder and scapula.

At a January 17, 2020 physical therapy visit, she reported immediate pain after vaccination, inability to lift her arm forward or to the side, and pain of 8/10. MRI showed a chronic low-grade SLAP tear, supraspinatus tendinopathy with a low-grade partial undersurface tear, small glenohumeral effusion, adhesive capsulitis, and bursitis.

Orthopedist Dr. Scott Greenberg later recorded continuous pain since October 16, tenderness, positive Hawkins and Neer signs, and adhesive capsulitis.

By August 2020, she reported that the shoulder was much better but not quite normal. Respondent challenged onset, emphasizing that treatment began weeks after vaccination and that the December 6 record included a two-week duration entry.

Chief Special Master Brian H. Corcoran found the broader record more persuasive: Ms.

DiPietro repeatedly linked the pain to the October 16 flu shot, later records described immediate or continuous pain, and respondent did not contest the other SIRVA elements. He found entitlement for Table SIRVA on September 16, 2025.

On November 13, 2025, the court awarded damages of $57,834.94. The award consisted of $55,000.00 for pain and suffering and $2,834.94 for a State of Florida Medicaid lien payable jointly to Ms.

DiPietro and Optum. Ms.

DiPietro was represented by Leah VaSahnja Durant.