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

Mike Rodriguez filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine he received on October 28, 2020, caused a left shoulder injury related to vaccine administration (SIRVA). The injury is defined on the Vaccine Injury Table.

The primary dispute in the case was whether Mr. Rodriguez experienced shoulder pain within 48 hours of vaccination, as required by the Table.

While his first medical record documenting shoulder pain was from 21 days post-vaccination, the court found that his consistent reporting of pain beginning after the vaccination, coupled with his affidavit stating onset on the same date, satisfied the Table requirement. The court noted that delays in treatment are not uncommon for SIRVA claims and that the timing of his first medical encounter was not long enough to negate his claim.

Respondent did not raise other objections to entitlement. Consequently, the court ruled that Mr.

Rodriguez was entitled to compensation for a Table SIRVA. The case then proceeded to the damages phase, where the parties reached a stipulation.

On October 30, 2024, the court awarded Mr. Rodriguez a total of $45,160.00, comprising $45,000.00 for pain and suffering and $160.00 for past unreimbursable expenses.