Roger Conley v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Roger Conley, a 55-year-old adult, received an influenza vaccine in his left shoulder on October 18, 2019. He alleged that this vaccination caused a shoulder injury related to vaccine administration (SIRVA).

Mr. Conley's petition was filed on January 8, 2021.

He reported experiencing left shoulder pain and soreness within hours of the vaccination, which he stated peaked the day after. He sought medical attention within approximately one month of the vaccination, reporting pain since the flu shot.

His medical records documented tenderness, pain, decreased range of motion, and impingement syndrome. Over the course of his treatment, Mr.

Conley received multiple steroid injections, underwent arthroscopic surgery, and used pain medication. He also reported ongoing pain and limitations, though he did not complete formal physical therapy.

The respondent argued that Mr. Conley failed to establish that his injury manifested within 48 hours of vaccination, as required for a Table claim.

However, the Special Master found that the evidence, including Mr. Conley's consistent reporting of pain linked to the vaccine and his timely seeking of treatment, preponderantly established onset within the 48-hour window.

The court found that Mr. Conley met the criteria for a Table SIRVA and was entitled to compensation.

The Special Master awarded Mr. Conley $125,000.00 for past pain and suffering, considering the severity and duration of his injury, his treatment course including surgery, and comparing it to prior SIRVA awards.