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

Filed 2022-09-09Decided 2025-11-25Vaccine Influenza
compensated$111,581

Case summary [AI summaries can sometimes make mistakes]

On September 9, 2022, David M. Coduto filed a petition alleging that an influenza vaccination administered in his right shoulder on January 8, 2021 caused a shoulder injury related to vaccine administration.

He was 33 years old at vaccination. He received a Tdap vaccine in the left shoulder the same day but did not allege an injury from that shot.

Within a month, Mr. Coduto messaged his primary care provider that his right arm still hurt and felt stiff where he had received the flu shot.

He later explained that he had chills the night of vaccination, that the soreness never went away, and that it evolved into throbbing pain with movement. Orthopedic care documented pain, tenderness, impingement signs, and reduced motion.

He received a subacromial steroid injection, attended physical therapy, and underwent MRI showing supraspinatus tendinosis, bursal surface fraying, bursitis, biceps tenosynovitis, and acromioclavicular degenerative change. On April 30, 2021, he underwent right shoulder arthroscopy, subacromial decompression, debridement of redundant labral tissue, and manipulation under anesthesia, followed by post-operative therapy.

Respondent contested Table entitlement, arguing that onset within 48 hours and reduced range of motion were not proven. Chief Special Master Corcoran credited Mr.

Coduto's early statements, therapy records, and declarations from him and his wife, finding that pain began within 48 hours and reduced range of motion was present. He also considered the injury moderate, with surgery and about seven months of treatment, while later complaints were not clearly tied to the vaccine injury.

On November 25, 2025, the Chief Special Master found entitlement and awarded damages in the same decision: $110,000.00 for past pain and suffering and $1,581.88 for past unreimbursable expenses, totaling $111,581.88.

Theory of causation

Adult petitioner, age 33; influenza vaccine January 8, 2021 in right shoulder, non-subject Tdap left shoulder same day; Table SIRVA. COMPENSATED. Early persistent soreness/throbbing, PT, steroid injection, MRI supraspinatus tendinosis/bursitis/biceps tenosynovitis/AC degeneration, April 30 2021 arthroscopy/decompression/debridement/manipulation, post-op PT. Respondent disputed onset and ROM; SM Corcoran found Table SIRVA. Petition filed September 9, 2022; entitlement/damages November 25, 2025. Award $111,581.88 = $110,000 pain/suffering + $1,581.88 expenses.

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