Will Gallaway v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2025)

On January 8, 2021, Will Gallaway filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a right shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 25, 2019. Mr.

Gallaway was 61 years old at the time of vaccination. The respondent is the Secretary of Health and Human Services.

Initially, medical records indicated the vaccine was administered in his left arm, and Mr. Gallaway did not report right shoulder pain until approximately seven weeks post-vaccination.

However, through subsequent affidavits and medical records, Mr. Gallaway established that the vaccine was likely administered in his right arm and that his shoulder pain began immediately or within 48 hours of the vaccination, meeting the criteria for a Table SIRVA claim.

Chief Special Master Brian H. Corcoran found it more likely than not that the vaccination was administered in Petitioner’s right deltoid and that the onset of his shoulder pain occurred within 48 hours of vaccination.

The Special Master found Petitioner entitled to compensation and awarded $58,000.00 for actual pain and suffering. The decision noted that Petitioner's medical history included osteoarthritis, bilateral knee problems, left shoulder pain, and neck and back pain.

Contemporaneous medical records from October 25, 2019, indicated the flu vaccine was given in his left deltoid, with a handwritten "L" circled on the vaccine consent form. Mr.

Gallaway did not complain of shoulder symptoms in subsequent visits until December 13, 2019, when he reported right shoulder pain, believing the influenza vaccine was administered in his right shoulder. His PCP noted mild tendonopathy but was unsure of its correlation to the vaccine.

Petitioner attended physical therapy for right shoulder pain starting December 18, 2019, with the "injury/onset date" listed as "10/18/2019 new injury, flu shot," and reported pain beginning immediately after the flu shot. In February 2020, he reported persistent right shoulder pain despite PT, and received a cortisone injection.

An MRI in July 2020 showed a complete rotator cuff tear. An orthopedist assessed him with a complete rotator cuff tear, impingement syndrome, localized osteoarthritis, and a SLAP lesion of the right shoulder, recommending surgery, which Mr.

Gallaway declined. Petitioner's affidavits detailed his recollection of the vaccine being administered in his right arm due to room setup, and that he initially delayed reporting pain, believing it to be normal post-vaccination soreness.

Affidavits from his sister and coworker also supported his account of receiving the vaccine in his right arm and experiencing pain shortly thereafter. The Special Master found that while the initial vaccine record indicated the left arm, Petitioner's subsequent reports to treaters, diagnostic testing, and exclusive treatment for right shoulder symptoms preponderantly supported a right arm administration.

The Special Master also found that Petitioner met the criteria for a Table SIRVA, including no prior right shoulder issues, onset within 48 hours of vaccination, pain limited to the right shoulder, and no other condition explaining the symptoms. The award of $58,000.00 for actual pain and suffering was determined to be reasonable, considering factors such as the delay in seeking treatment, the relatively mild nature of the injury compared to other SIRVA cases, and the presence of a comorbid rotator cuff tear.

Petitioner requested $65,000.00 for pain and suffering. Petitioner was represented by David John Carney of Green & Schafle LLC, and Respondent was represented by Austin Joel Egan of the U.S.

Department of Justice. The decision was issued by Chief Special Master Brian H.

Corcoran on May 29, 2025.