Scott Sterland v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
On January 7, 2021, Scott Sterland filed a petition alleging that an influenza vaccination administered in his left deltoid in Arizona on September 28, 2019 caused a shoulder injury related to vaccine administration. He was 63 years old at vaccination.
Mr. Sterland saw his primary care provider ten days later with left arm pain from the flu shot, then saw an orthopedist about one month after vaccination with left deltoid weakness and mild tenderness.
MRI showed a partial supraspinatus tear, degenerative changes, bursitis, and tendinosis. He underwent left shoulder surgery on December 12, 2019, then had a platelet-rich plasma injection and physical therapy.
Scheduling problems and the COVID-19 pandemic affected therapy. A March 9, 2020 record still showed limited range of motion and inability to play golf.
Respondent initially disputed whether Mr. Sterland met the six-month severity requirement and whether onset occurred within 48 hours.
Chief Special Master Corcoran found the records supported Table onset and residual effects beyond six months, despite later treatment gaps. Entitlement was granted on August 20, 2025.
On November 19, 2025, the Chief Special Master awarded $93,447.18, consisting of $90,000.00 for pain and suffering and $3,447.18 for past unreimbursable expenses.
Theory of causation
Adult petitioner, age 63; influenza vaccine September 28, 2019; left Table SIRVA. COMPENSATED. PCP ten days later, orthopedist one month later, MRI partial supraspinatus tear/degenerative changes/bursitis/tendinosis, Dec. 12, 2019 surgery, PRP, PT affected by scheduling/COVID. SM Corcoran found onset within 48 hours and six-month severity. Entitlement August 20, 2025; damages November 19, 2025. Award $93,447.18 = $90,000 pain/suffering + $3,447.18 expenses.
Source PDFs
USCOURTS-cofc-1_21-vv-00268