Jack Robert Day v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)

Jack Robert Day, a 56-year-old man, received an influenza vaccination on September 27, 2018. He filed a petition alleging a Table Injury of Shoulder Injury Related to Vaccine Administration (SIRVA), and alternatively pleaded causation-in-fact.

Mr. Day testified that immediately following the injection, he experienced intense pain in his left arm, which persisted and led to a loss of mobility.

He reported that daily activities aggravated his shoulder and he found it difficult to drive. His neighbor, Joseph Maresh, corroborated that Mr.

Day complained of shoulder pain and difficulty driving in the autumn of 2018. Although Mr.

Day had several medical encounters in the months following vaccination for unrelated issues, his shoulder pain was not consistently documented. However, on January 9, 2019, he presented to a sports medicine specialist, Dr.

Morton, who diagnosed a "vaccination related Injury to Left shoulder (rotator cuff) causing Impingement Syndrome/Limited Mobility." The Special Master found that Mr. Day's testimony of immediate onset, corroborated by witness testimony and his initial report to Dr.

Morton, established by a preponderance of the evidence that his shoulder pain began within 48 hours of vaccination. The Special Master also found that Mr.

Day met the other criteria for a Table SIRVA, including no prior relevant shoulder history and no other condition explaining his symptoms. Respondent did not contest these criteria.

Therefore, the court concluded that Mr. Day is entitled to compensation for a Table SIRVA, and a separate damages order will be issued.