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

Filed 2021-12-30Decided 2025-06-09Vaccine Influenza
dismissed

Case summary [AI summaries can sometimes make mistakes]

Mark Stevens filed a claim alleging a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine he received on January 23, 2019. He stated that he experienced left shoulder pain starting about a week after the vaccination.

Medical records from February and March 2019 documented left shoulder pain, reduced strength, and diagnoses of bursitis, impingement, arthrosis, and tendinitis. However, the records also noted that his orthopedic surgeon did not believe the pain was caused by the flu shot and that his symptoms were not consistently present or severe enough to warrant surgery at that time.

Following treatment in early 2019, there was a gap of about a year with no mention of shoulder issues, despite other medical appointments for different conditions. A March 2020 record mentioned a "partial tear in rotator cuff" but provided no further details about the shoulder.

The court found that Mr. Stevens failed to demonstrate that his injury had residual effects lasting more than six months after vaccination, a requirement for compensation under the National Vaccine Injury Compensation Program.

Because he did not meet this severity requirement, his claim was dismissed.

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