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

On January 12, 2021, Carol Eaton, a 73-year-old retired licensed practical nurse, filed a petition alleging that an influenza vaccination on November 18, 2020 caused a right shoulder injury related to vaccine administration. She had no history of right shoulder pain or injury, but she did have chronic kidney disease, kidney stones, hypertension, hyperlipidemia, and right hip degenerative disease.

Ms. Eaton reported that within about three hours of the shot her right arm was severely painful and she could not move it normally.

On December 18, 2020, primary-care physician Dr. William Rosen documented right arm pain and stiffness centered in the shoulder and diagnosed an adverse reaction to the influenza vaccine.

Orthopedist Dr. Steven Weissfeld later diagnosed right shoulder bursitis, rotator cuff tendinitis, and adverse reaction to flu vaccine, gave a steroid injection, and referred her to physical therapy.

Physical therapy began in January 2021, but Ms. Eaton stopped after February 25, 2021 because of high copays even though the treatment plan contemplated seven to eight weeks of therapy.

Respondent moved to dismiss, arguing that Ms. Eaton had not proved the six-month severity requirement because formal care lasted only about three months and she did not mention the shoulder to other doctors until January 2023.

Chief Special Master Brian H. Corcoran found the case marginal but sufficient.

He credited the early records, the PT plan, the financial reason for stopping therapy, and Ms. Eaton's declaration stating that pain, decreased mobility, weakness, and sleep disruption continued beyond six months.

He also cautioned that the later 2023 treatment was not reliably linked to the vaccine injury and should not drive damages. Entitlement was granted on July 28, 2025.

On September 19, 2025, Chief Special Master Corcoran awarded $42,500.00 for pain and suffering, paid as a lump sum through counsel's IOLTA account. The proffer stated that Ms.

Eaton was a competent adult and that no guardianship proof was required.