Richard Sadler v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
Richard Sadler, a 54-year-old male, filed a petition for compensation under the National Vaccine Injury Compensation Program on January 8, 2021. He alleged a Table injury of shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on December 4, 2019.
The respondent contested entitlement, arguing that the vaccination record did not specify the arm, the date of vaccination was not established, and the onset of pain did not occur within 48 hours of vaccination. The Special Master reviewed medical records and declarations.
Petitioner's primary care provider, Matthew C. Simmons, M.D., provided a letter dated January 7, 2021, stating that Mr.
Sadler received a seasonal influenza vaccination on December 4, 2019, and experienced right shoulder pain at the injection site that started on the day of vaccination, with continued pain thereafter. Medical records from December 20, 2019, documented Petitioner's report of right shoulder pain since the influenza vaccine given on December 4, 2019, with difficulty moving his right arm.
A musculoskeletal exam showed full range of motion with pain and decreased strength in his right shoulder. Petitioner also reported neck and back pain after a fall on ice in December 2019, but stated this did not cause shoulder pain, and that his shoulder pain began after the flu shot and persisted.
The Special Master found preponderant evidence that Petitioner received a flu vaccine on December 4, 2019, in his right shoulder. The Special Master also found that Petitioner established the onset of his injury occurred within 48 hours of vaccination, based on his consistent reporting of pain since the vaccination date, including a physical therapy record noting an onset date of December 1, 2019, and a letter from Dr.
Simmons stating pain began on the day of injection. The Special Master determined that Petitioner met all other requirements for a Table SIRVA claim, including no history of prior shoulder dysfunction that would explain the injury and no other condition accounting for the symptoms.
Consequently, Chief Special Master Brian H. Corcoran ruled that Mr.
Sadler is entitled to compensation for his SIRVA injury, with a damages order to follow.
Theory of causation
Petitioner Richard Sadler, age 54, filed a petition alleging a Table injury of Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine on December 4, 2019. The respondent contested entitlement, disputing the vaccination arm, date, and onset of pain within 48 hours. The Special Master found preponderant evidence that the vaccine was administered in the right shoulder on December 4, 2019, based on Petitioner's consistent reporting to treating physicians, including a December 20, 2019 record documenting pain since the vaccination, and a letter from Dr. Simmons corroborating the date and onset of pain. The Special Master determined that Petitioner's shoulder pain manifested within 48 hours of vaccination, citing Petitioner's consistent reports and a physical therapy record noting an onset date of December 1, 2019. The Special Master concluded that Petitioner met all SIRVA criteria under 42 C.F.R. § 100.3(c)(10), including no prior shoulder dysfunction and no other condition explaining the symptoms. Petitioner was found entitled to compensation. Chief Special Master Brian H. Corcoran issued the ruling on July 25, 2025. Petitioner was represented by Glen Howard Sturtevant, Jr. of Rawls Law Group, and Respondent was represented by Mitchell Jones of the U.S. Department of Justice.
Source PDFs
USCOURTS-cofc-1_21-vv-00327