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

William M. Roberson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine he received on September 23, 2020.

He claimed the injury manifested within 48 hours of vaccination. The parties were unable to reach an informal resolution, and the case proceeded to a ruling on entitlement.

Mr. Roberson presented medical records and affidavits detailing his left shoulder pain, which began shortly after his vaccination.

He saw an orthopedist, Dr. Gene Hannah, 23 days after vaccination, reporting pain for two to three weeks and noting it coincided with his flu shot.

Subsequent medical records and physical therapy evaluations further documented his ongoing shoulder pain and limited range of motion. Mr.

Roberson and his wife provided affidavits stating the pain began within 24 hours of vaccination. Respondent argued that the onset date was unclear and not supported by contemporaneous medical records, citing Petitioner's inability to provide a precise date to medical providers.

However, the Special Master found that the totality of the record, including medical records and affidavits, preponderated in favor of the conclusion that the onset of Petitioner's shoulder pain occurred within 48 hours of vaccination. The Special Master also found that the remaining SIRVA criteria and statutory requirements were met, including no history of prior shoulder issues, symptoms limited to the vaccinated shoulder, and residual effects lasting more than six months.

Consequently, the Special Master granted Petitioner's motion for a ruling on entitlement, finding him eligible for compensation, with damages to be determined later.