Robert Thomson v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

Robert Thomson, an adult, received an influenza vaccine on October 17, 2019. Within 32 days, he developed pain and weakness in his left shoulder, diagnosed as Shoulder Injury Related to Vaccine Administration (SIRVA).

His medical records showed limited range of motion and tendinosis. He also developed difficulty swallowing, which led to a diagnosis of esophageal cancer.

Thomson sought treatment for his shoulder, including physical therapy and a cortisone injection, but his cancer treatment and its subsequent complications, along with the COVID-19 pandemic, prevented him from undergoing recommended surgery or further treatment for his SIRVA. The respondent conceded that Thomson's claim met the Table criteria for SIRVA and that he was entitled to compensation.

The parties could not agree on damages, leading to a hearing. The court awarded Thomson $82,000.00 for pain and suffering and $2,003.74 for unreimbursed out-of-pocket expenses, totaling $84,003.74.

The award considered the mildness of his SIRVA, the treatment received, and the impact of his concurrent esophageal cancer diagnosis on his ability to manage his shoulder injury.