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

On January 12, 2021, Eric Ahlstrom filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 29, 2020. Mr.

Ahlstrom, who was 39 years old at the time of vaccination, claimed that he experienced left shoulder pain and a limited range of motion, which he attributed to the vaccine. The respondent, the Secretary of Health and Human Services, initially opposed compensation, arguing that Mr.

Ahlstrom had not provided sufficient evidence to satisfy the Vaccine Act's six-month severity requirement. The respondent pointed to Mr.

Ahlstrom's last physical therapy session on March 9, 2021, approximately five and a half months post-vaccination, as evidence that his symptoms had not persisted for the required duration. Mr.

Ahlstrom contended that his symptoms continued for longer than six months, particularly when performing certain physical activities. Chief Special Master Brian H.

Corcoran reviewed the medical records and Mr. Ahlstrom's declaration.

The Special Master found that while Mr. Ahlstrom's condition improved, it had not fully resolved by March 9, 2021, and that his own declaration indicated continued symptoms beyond the six-month mark.

The Special Master determined that Mr. Ahlstrom had satisfied the severity requirement and met all other criteria for a Table SIRVA injury, including no prior history of shoulder issues or alternative causes.

On May 15, 2024, the Special Master issued a ruling on entitlement, finding Mr. Ahlstrom entitled to compensation.

Subsequently, on September 17, 2024, the parties filed a proffer on the award of compensation. On September 18, 2024, Chief Special Master Corcoran issued a decision awarding Mr.

Ahlstrom $48,663.78. This award comprised $47,500.00 for pain and suffering and $1,163.78 for past unreimbursable expenses.

Petitioner was represented by Jonathan Joseph Svitak of Shannon Law Group, P.C., and respondent was represented by Jamica Marie Littles of the U.S. Department of Justice.