William Pistulka v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)

Filed 2021-06-03Decided 2025-06-27Vaccine Influenza
compensated$30,000

Case summary [AI summaries can sometimes make mistakes]

On June 3, 2021, William Pistulka filed a petition alleging that an influenza vaccine administered on October 2, 2020 caused shoulder injury related to vaccine administration. The vaccination record listed the situs as the right deltoid, but Mr.

Pistulka maintained that the shot was given high in his left shoulder and caused almost immediate pain shooting down his left arm. On November 19, 2020, he reported left shoulder pain after the flu shot, with pain ranging from 2 to 10 out of 10 and difficulty doing a manual-labor job that involved lifting boxes.

Physical therapy on November 25 documented reduced strength, limited range of motion, positive impingement signs, and numbness and tingling in the thumb and index finger. He attended one more therapy session, then stopped largely because of cost and insurance concerns.

In March and April 2021, he saw a chiropractor, reporting persistent left shoulder pain after the vaccination and inability to comb his hair or shave. Respondent disputed several Table elements, including the injection shoulder, the six-month severity requirement, onset within forty-eight hours, shoulder-limited symptoms, and whether work could explain the pain.

Chief Special Master Brian H. Corcoran found the left-shoulder situs more likely than the computer-generated record, credited the immediate-onset evidence, found the residual effects lasted more than six months, and found the shoulder presentation sufficient despite adjacent symptoms.

On June 27, 2025, he awarded $30,000.00 for actual pain and suffering, noting a painful but relatively limited course with only two therapy visits and brief chiropractic care.

Theory of causation

Influenza vaccine October 2, 2020 causing Table SIRVA; adult, exact age not stated; onset immediate/same day. ENTITLEMENT GRANTED; COMPENSATED. Key evidence: vaccination record said right deltoid but petitioner credibly described left shoulder administration; Nov. 19 left shoulder pain after flu shot; Nov. 25 PT with severe pain, limited ROM, weakness, positive impingement signs, thumb/index symptoms; March/April chiropractic notes showed ongoing left shoulder pain just beyond six months. Respondent challenged situs, onset, severity, shoulder-limited pain, and work as alternative cause; SM found Table SIRVA satisfied. Award $30,000 pain/suffering. Chief SM Brian H. Corcoran; petition June 3, 2021; decision June 27, 2025.

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