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

On April 13, 2023, James Kennedy filed a petition alleging that an influenza vaccination administered in his left deltoid in New York on October 2, 2020 caused a shoulder injury related to vaccine administration. The public ruling identifies him as an adult but does not state an exact age.

Mr. Kennedy recalled sharp pain as soon as the shot was given.

He waited to see if it would resolve, used ibuprofen, and saw his primary care provider on October 21, 2020 for left shoulder pain that started after the flu shot. Orthopedic records later described reduced range of motion, impingement syndrome, strain of the teres minor, a labral tear, mild degenerative disease, ongoing therapy, and a treatment gap that Mr.

Kennedy attributed to his reelection campaign. His wife and campaign manager supplied statements supporting ongoing pain and functional limitations.

Respondent opposed entitlement, focusing on onset and whether residual effects lasted more than six months. Chief Special Master Corcoran found the medical records and affidavits established onset within 48 hours, no prior left shoulder dysfunction, and symptoms severe enough to satisfy the six-month requirement despite gaps in care.

Mr. Kennedy satisfied the Table SIRVA requirements and was found entitled to compensation on December 1, 2025.

Damages remain pending.