Thomas Welsh v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2026)
Case summary [AI summaries can sometimes make mistakes]
Thomas Welsh filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 23, 2020. He was 52 years old at the time of vaccination.
Petitioner reported pain starting two days after the vaccination, which continued through at least June 2021, satisfying the six-month severity requirement. The medical records documented ongoing pain and limitations in range of motion, supported by declarations from his wife and former supervisor.
While the court found the severity requirement met, the question of entitlement remains, as there is evidence suggesting some symptoms may not be vaccine-related. The parties were encouraged to engage in settlement discussions.
The case is proceeding with further proceedings to determine entitlement and potential damages.
Source PDFs
USCOURTS-cofc-1_21-vv-00368