{"package_id":"USCOURTS-cofc-1_21-vv-00727","decision_granule_id":"USCOURTS-cofc-1_21-vv-00727-0","petitioner_identifier":"Robert Chiago","is_minor":0,"age_at_vaccination":78.0,"age_unit_raw":"years","vaccine_type":"influenza","vaccination_date":"2020-10-23","condition_raw":"left shoulder injury related to vaccine administration (SIRVA)","condition_category":"SIRVA","autism_spectrum_adjacent":0,"outcome":"dismissed","award_amount_usd":null,"decision_date":"2025-09-08","extraction_version":"gemini-v2","extracted_at":"2026-04-30T01:29:20.199747+00:00","number_of_concurrent_vaccines":1,"dose_number":null,"time_to_onset_days":0,"theory_of_causation":"Petitioner Robert Chiago, born in 1942, received an influenza vaccine on October 23, 2020, and alleged a left shoulder injury related to vaccine administration (SIRVA) as a Table injury. The petition was filed on January 13, 2021. Respondent moved to dismiss, arguing Petitioner failed to meet the six-month severity requirement, as Petitioner's medical records did not substantiate ongoing left shoulder pain beyond February 17, 2021, despite numerous appointments for other pain conditions. Petitioner's medical history revealed pre-existing chronic left shoulder pain and rotator cuff issues dating back to at least 2008 and 2017. Post-vaccination, Petitioner reported left shoulder pain on November 4, 2020, which treating providers assessed as a possible exacerbation of a chronic condition, not definitively caused by the vaccine. An ultrasound on February 17, 2021, showed no abnormalities. Petitioner did not report left shoulder pain in subsequent medical visits for other conditions. The Special Master, Brian H. Corcoran, found that Petitioner's own declaration and witness statements were insufficient to corroborate the severity requirement due to a lack of supporting medical records, as mandated by the Vaccine Act. Respondent's motion to dismiss was granted on September 8, 2025. Petitioner was represented by Courtney Christine Jorgenson of Siri & Glimstad, LLP, and Respondent was represented by Mitchell Jones of the U.S. Department of Justice.","is_death":0,"date_of_death":null,"petition_filed_date":"2021-01-13","case_summary":"Robert Chiago, born in 1942, filed a petition for compensation under the National Vaccine Injury Compensation Program on January 13, 2021, alleging that an influenza vaccine received on October 23, 2020, caused a left shoulder injury related to vaccine administration (SIRVA), as defined on the Vaccine Injury Table. The petition was filed approximately three months after the vaccination. Petitioner alleged that his pain continued and was anticipated to last for several more months, and that conservative treatment had not provided relief. Respondent filed a Rule 4(c) Report and a motion to dismiss, arguing that Petitioner failed to satisfy the statutory severity requirement, did not establish an onset within forty-eight hours, and did not meet the SIRVA Qualifications and Aids to Interpretation. Respondent also opposed an off-Table claim, stating Petitioner had not alleged a specific shoulder diagnosis and had not offered a medical or scientific theory showing causation. Petitioner completed his required filings by October 19, 2021. The case was assigned to the Special Processing Unit on April 14, 2022. Petitioner's medical records indicated a history of lower back pain, bilateral knee pain, and left shoulder pain predating the vaccination. Specifically, records from November 16, 2017, noted \"chronic left shoulder pain,\" bilateral rotator cuff syndrome, and bilateral biceps ruptures. Petitioner also received treatment for his lower back and knee pain from 2019 to 2020, and had a diagnosis of prostate cancer for which he received radiation therapy in October to November 2020. Following the flu vaccine on October 23, 2020, Petitioner complained of left shoulder pain on November 4, 2020, believing the vaccine was administered too high in the shoulder. A nurse practitioner assessed a \"possible exacerbation of chronic [rotator cuff] injury after local inflammation from vaccine.\" Petitioner was prescribed anti-inflammatories, lidocaine ointment, and a muscle relaxant. On November 24, 2020, a physician noted Petitioner's history of rotator cuff injuries and suspected his shoulder joint pain was a \"separate condition\" from the arm pain related to the flu vaccine, ordering an x-ray. The x-ray showed a \"bony abnormality-subluxation of humeral head, decreasing the subacromial space, suggestive of rotator cuff injury,\" which the physician stated was \"likely a CHRONIC condition, and not due to the flu shot.\" The physician reinforced that Petitioner should see orthopedics for his left shoulder condition, \"caused by rotator cuff syndrome, which ha[d] been present long term,\" and that the flu vaccine \"may have precipitated any underlying inflammation and pain that was already there.\" Petitioner's left rotator cuff syndrome diagnosis dated back to April 28, 2008. On January 29, 2021, Petitioner presented to a family practice clinic complaining of pain in his left upper arm at the injection site, with a \"tender bump\" and tenderness to palpitation. An ultrasound of his left shoulder was ordered. On February 2, 2021, Petitioner's primary complaint was lower back pain, with his left shoulder pain noted but the ultrasound not yet scheduled. The ultrasound was completed on February 17, 2021, and detected no abnormalities. Petitioner had numerous medical appointments from February 2021 through August 2022 for various issues including lower back pain, knee pain, and hand pain, but none of these records mention left shoulder pain. Petitioner also attended mental health services and behavioral health counseling for pain management, discussing chronic pain attributed to \"wear and tear\" and specific issues with his knee and back, but did not mention left shoulder pain. Petitioner filed a declaration stating his pain continued to the present and affected his ability to play basketball, ride his bicycle, and garden. He also submitted witness statements from individuals who observed diminished basketball performance and noted his complaints of left shoulder pain. The Special Master found that Petitioner failed to prove the six-month severity requirement by a preponderance of the evidence. The medical records showed no treatment for left shoulder pain beyond the February 17, 2021 ultrasound, and no subsequent mention of residual pain to any medical provider, despite ongoing treatment for other pain issues. The Special Master determined that Petitioner's own declaration and witness statements were not sufficiently corroborated by medical records, as required by the Vaccine Act, which prohibits findings based solely on a petitioner's claims. The Special Master granted Respondent's motion to dismiss. Petitioner's motion for a decision on the record was denied. The decision was issued by Chief Special Master Brian H. Corcoran on September 8, 2025.","is_minor_inferred":0,"is_pediatric_broad":0,"special_master":"Brian H. Corcoran","petitioner_identifier_original":null,"caption_petitioner_name":"Robert Chiago","petitioner_attorney_name":"Courtney Christine Jorgenson","petitioner_attorney_firm":"Siri & Glimstad, LLP","petitioner_attorney_location":"Phoenix, AZ","adjudicator_name":null,"caption_people_backfilled_at":"2026-05-05 23:43:26","attorney_canonical_keys":"|courtney-jorgenson|","firm_canonical_key":"siri-and-glimstad","package_title":"CHIAGO v. SECRETARY OF HEALTH AND HUMAN SERVICES","canonical_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00727","plain_text_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00727.txt","json_url":"https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00727.json","source_documents":[{"granule_id":"USCOURTS-cofc-1_21-vv-00727-0","title":"CHIAGO v. SECRETARY OF HEALTH AND HUMAN SERVICES","docket_text":"PUBLIC DECISION (Originally filed: 07/07/2025) regarding 51 DECISION of Special Master,, Ruling on Entitlement, Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.","date_issued":"2025-09-08","pdf_url":"https://api.govinfo.gov/packages/USCOURTS-cofc-1_21-vv-00727/granules/USCOURTS-cofc-1_21-vv-00727-0/pdf","pdf_bytes":253096,"triage_decision":"keep","triage_reason":"docketText matches keep keyword 'decision of special master'","download_status":"ok","registry_pdf_url":"https://vicp-registry.org/pdf/USCOURTS-cofc-1_21-vv-00727/USCOURTS-cofc-1_21-vv-00727-0"}]}