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

On October 25, 2022, Charles Benkiel filed a petition alleging SIRVA after an influenza vaccination administered on October 1, 2021. Respondent opposed entitlement, arguing that the proof did not establish onset within 48 hours or residual effects lasting more than six months.

Mr. Benkiel moved for a ruling on the record.

Chief Special Master Brian H. Corcoran credited Mr.

Benkiel’s account that he felt immediate injection-site pain that worsened rather than resolving with normal movement and time. About 40 days after vaccination, he sought care and was diagnosed with adhesive capsulitis, or frozen shoulder.

His treatment included a cortisone injection and physical therapy that ended around four and a half months after vaccination. Although he did not seek surgery and eventually decided to live with the pain, the Special Master found it reasonable to conclude symptoms had not fully resolved within six months and that Mr.

Benkiel met the Table SIRVA requirements. Entitlement was granted on January 24, 2025.

On May 20, 2025, after respondent proffered damages and Mr. Benkiel agreed, the Special Master awarded $37,500.00 for pain and suffering.