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

On April 15, 2021, Thomas Kenny filed a petition alleging that an influenza vaccination administered on August 17, 2020, caused a right shoulder injury related to vaccine administration. The case turned in part on vaccine situs.

Some Rite Aid service records listed the left arm, but related consent paperwork showed "RA," and Mr. Kenny consistently described a right-arm injection.

In December 2020, he told his primary-care provider that he had constant right shoulder pain after a high flu shot near the shoulder. Examination showed swelling, tenderness, warmth near the AC joint, and limited abduction.

Orthopedic records described severe constant pain, impingement signs, and an MRI showing labral tearing, supraspinatus tearing, subscapularis tendinosis, and degenerative changes. He treated with injections and physical therapy.

Later records also described broader body pains and possible rheumatologic issues, but the Special Master treated those as separate from the initial right shoulder claim. Chief Special Master Corcoran found that the vaccine was more likely administered in the right arm and that Mr.

Kenny met the Table SIRVA requirements. Although treatment began several months after vaccination, the decision credited the consistent history of immediate right shoulder pain and found six-month severity established.

On September 9, 2025, Mr. Kenny was found entitled to compensation.

Damages remained pending. He was represented by Jimmy Zgheib.