Lee Yuill v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
Lee Yuill filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on October 14, 2020. The administration record did not specify the injection site, but Mr.
Yuill consistently reported pain in his left arm or shoulder, attributing it to the vaccine, starting about two weeks after administration. He sought treatment, including physical therapy, which provided some relief, but he continued to experience pain and soreness.
Although there was a gap in formal treatment for about six months, Mr. Yuill stated he continued self-treatment and provided life events as reasons for not seeking further medical care during that period.
Upon returning to treatment, he again linked his pain to the flu shot. Medical records showed various diagnoses and treatments, including physical therapy, orthopedic evaluations, and surgery, with some findings of degenerative changes and tears in the shoulder.
Respondent argued that the injury did not last for the required six months and that the vaccination site was not definitively proven to be the left arm. However, the Special Master found that Mr.
Yuill more likely than not received the vaccine in his left arm, based on his consistent reporting. The Special Master also found that the residual effects of the injury lasted for more than six months, considering his continued self-treatment, reasonable explanation for the treatment gap, and ongoing medical interventions that addressed shoulder pain.
As this was a Table SIRVA claim, causation was presumed. The Special Master ruled that Mr.
Yuill is entitled to compensation, with a separate damages order to be issued.
Source PDFs
USCOURTS-cofc-1_23-vv-00238