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

On August 2, 2021, Joseph Delory filed a petition alleging that an influenza vaccine administered on August 29, 2018 caused a shoulder injury related to vaccine administration. The case turned on the same-day administration of two vaccines and Mr.

Delory's medical history. He received both the covered flu vaccine and Pneumovax-23, a pneumococcal polysaccharide vaccine not covered for this Table injury, and the record showed he had asked that both be given in the right arm.

He also had a history of chronic myofascial pain, cervical spine problems, right shoulder complaints dating back many years, and a prior severe reaction to Pneumovax-23. The day after vaccination, he went to the emergency department with fever, chills, pain, swelling, weakness, decreased right-shoulder range of motion, and cellulitis near the injection site.

He was hospitalized, and treating physicians attributed the episode to an allergic reaction to Pneumovax-23, with a primary diagnosis of sepsis secondary to right-arm cellulitis with likely vaccine reaction. Respondent recommended denial, arguing that Pneumovax-23 and Mr.

Delory's preexisting conditions explained the presentation, that the symptoms were not limited to the shoulder, and that the record did not support a covered flu-vaccine SIRVA. Chief Special Master Brian H.

Corcoran agreed. He found that Mr.

Delory had not shown the Table requirements for SIRVA and had not developed a viable off-Table theory tying the flu vaccine to the injury. Entitlement was denied on July 17, 2025.