Nathan Mostow v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)

Nathan Mostow filed a petition alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine he received on January 4, 2020. He sought compensation under the National Vaccine Injury Compensation Program, alleging a Table injury.

The court reviewed the medical records and declarations submitted by Mr. Mostow and the respondent.

The primary issue was whether the onset of Mr. Mostow's shoulder pain occurred within 48 hours of vaccination, as required for a Table SIRVA claim.

Contemporaneous medical records indicated that his pain began insidiously weeks prior to vaccination or around December 27, 2019, which predates the January 4, 2020 vaccination. While Mr.

Mostow and his wife provided declarations alleging immediate post-vaccination onset, the court found these declarations were inconsistent with the medical records and were drafted after the claim was initiated. The court also noted that Mr.

Mostow did not attribute his pain to the vaccination during numerous medical visits over the following year. Consequently, the court found that Mr.

Mostow failed to establish by a preponderance of the evidence that his injury manifested within 48 hours of vaccination. His Table claim was therefore dismissed, though the case was not dismissed in its entirety, allowing for the possibility of pursuing an off-Table, causation-in-fact claim.