Rita Evans v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
On August 29, 2022, Rita Evans, then 68, filed a petition alleging that an influenza vaccine administered in her left deltoid on October 1, 2020 caused a left shoulder injury related to vaccine administration. Respondent contested Table entitlement, especially whether her shoulder pain began within 48 hours.
Ms. Evans did not seek formal medical treatment until October 27, 2020, but the record contained a VAERS report identifying the adverse event as beginning the day after vaccination, a November 8 message describing continued injection-site pain and inability to raise or move the arm normally, and later treating records linking the pain to the shot.
Her course included primary-care and orthopedic visits, an x-ray, physical therapy, and ongoing complaints into 2021 and 2022. Chief Special Master Brian H.
Corcoran found it most likely that shoulder pain began within 48 hours and that Ms. Evans met the Table SIRVA requirements.
On July 7, 2025, he awarded $68,000.00 for actual pain and suffering and $536.00 in unreimbursed medical expenses, for a total of $68,536.00.
Theory of causation
Influenza vaccine October 1, 2020 at age 68 causing left SIRVA; onset found within 48 hours, with evidence including VAERS, portal messages, and treatment records. COMPENSATED after respondent contested timing. Course included PCP/orthopedic care, x-ray, PT, and residual symptoms. Award $68,000 pain/suffering + $536 expenses = $68,536. Chief SM Brian H. Corcoran; petition August 29, 2022; decision July 7, 2025.
Source PDFs
USCOURTS-cofc-1_22-vv-01125