Danilo Ferrer v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
On January 11, 2021, Danilo Ferrer filed a petition alleging that an influenza vaccine administered on August 3, 2020 caused a left shoulder injury related to vaccine administration. He was 61 years old, had recently moved from the Philippines, and had no documented prior left shoulder history.
The site and onset evidence was contested. The Walmart vaccination record marked the right arm, while a later declaration by the pharmacy manager stated that the vaccine was actually given in the left arm.
Mr. Ferrer first sought care on November 18, 2020, more than three months after vaccination, reporting shoulder pain for the past few months.
Examination showed abnormal range of motion and impingement signs, and imaging showed moderate AC osteoarthritis and adhesive capsulitis. Later therapy notes referenced pain after the flu shot, but the record also reflected a long treatment gap related to COVID, lack of insurance, transportation issues, and unfamiliarity with the U.S. healthcare system.
Chief Special Master Brian H. Corcoran found the severity requirement satisfied but dismissed the claim on November 7, 2025 because onset within forty-eight hours had not been proven and no separate causation-in-fact theory had been established.
No compensation was awarded.
Source PDFs
USCOURTS-cofc-1_21-vv-00469