Marco De Leon v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2026)
Case summary [AI summaries can sometimes make mistakes]
On July 21, 2022, Marco De Leon filed a petition alleging that an influenza vaccine administered in his left arm on August 30, 2021 caused a left shoulder injury related to vaccine administration. He also received a COVID-19 vaccine in the right arm that day.
The record described severe left shoulder pain by September 15, 2021, with inability to lift the arm, limited active range of motion, and later decreased range of motion and strength. Providers treated him with medication, physical therapy, and work restrictions.
A December 2021 MRI showed subacromial-subdeltoid bursal fluid, acromioclavicular osteoarthritis with edema, mild rotator-cuff tendinopathy, and mild labral fraying. Mr.
De Leon reported financial and insurance barriers to treatment; he later received an injection, more therapy, and ultimately underwent left shoulder arthroscopy and subacromial decompression in June 2025. Mr.
De Leon and his partner described immediate stabbing, burning, pulling pain, loss of use of his dominant left arm, difficulty writing, lifting, ladder work, and playing with his young child. Respondent argued that the treatment gap defeated the severity requirement, but Chief Special Master Brian H.
Corcoran accepted the financial-hardship explanation and found residual effects lasting more than six months. On February 5, 2026, he found entitlement.
Damages remained pending.
Theory of causation
Influenza vaccine left arm and COVID-19 vaccine right arm on August 30, 2021; alleged left SIRVA with immediate onset. ENTITLEMENT GRANTED, damages pending. Key evidence: September 2021 severe left shoulder pain/limited ROM; Dec 2021 MRI bursal fluid, AC OA edema, tendinopathy, labral fraying; PT/medications/work restrictions; treatment gaps explained by cost/insurance; injection/PT and June 2025 arthroscopy/subacromial decompression. Chief SM Brian H. Corcoran; petition July 21, 2022; decision February 5, 2026.
Source PDFs
USCOURTS-cofc-1_22-vv-00792