Derek Blevins v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2024)

Derek Blevins filed a petition alleging a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine he received on October 20, 2018. He claimed the injury manifested within two days of vaccination and persisted for more than six months.

The respondent argued that Blevins failed to prove the onset occurred within 48 hours and that his symptoms were limited to the vaccinated shoulder. The court found that Blevins did establish onset within 48 hours, with evidence from his affidavit and medical records supporting this timeline.

However, the court determined that Blevins did not sufficiently prove his pain and limited range of motion were confined solely to his left shoulder, citing complaints of neck and hand pain, and a history of neck issues. Because the SIRVA Table requires symptoms to be limited to the vaccinated shoulder, his Table claim was dismissed.

The case will proceed as a causation-in-fact claim. The court did find that Blevins likely experienced residual effects for at least six months, but this finding is secondary to the dismissal of the Table claim.