Danilo Ferrer v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2025)

Filed 2021-01-11Decided 2025-11-07Vaccine Influenza
dismissed

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.

Theory of causation

Influenza vaccine August 3, 2020 at age 61 causing alleged left SIRVA. DISMISSED. Site disputed: record marked right arm, pharmacy manager later declared left arm. First care November 18, 2020 with abnormal ROM/impingement, x-ray moderate AC osteoarthritis, adhesive capsulitis; treatment gap explained by COVID/no insurance/transport/new healthcare system but onset within 48 hours not proven. Severity met; causation-in-fact not established. CSM Corcoran dismissed November 7, 2025. Petition filed January 11, 2021.

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