Terry Cooper v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
On May 4, 2023, Terry Cooper filed a petition alleging that an influenza vaccination on October 16, 2021 caused a left shoulder injury related to vaccine administration. Respondent contested entitlement, arguing that the most contemporaneous medical records did not document shoulder pain within 48 hours.
Mr. Cooper did not seek shoulder care for nearly six months.
At a December 2021 routine visit, he mentioned knee pain and his flu and COVID vaccinations but not shoulder pain. When he returned to his primary-care provider on April 11, 2022, he reported left shoulder pain since the day of the flu vaccination and said symptoms clearly began the evening after the shot.
Two days later, physical therapy records documented reduced left-shoulder range of motion and strength. Mr.
Cooper explained that he generally avoided doctors if he could manage problems himself, researched SIRVA, tried a home shoulder exercise plan, and delayed formal care because of COVID-19 exposure concerns. His wife, Linda Cooper, a retired nurse who had run flu-shot clinics, recalled seeing the bandage that evening and believing it was placed too high; she said he was restless that night and worse the next day.
Chief Special Master Brian H. Corcoran found onset within 48 hours and granted entitlement on September 10, 2025, while noting the long delay in care as evidence that the injury was mild enough to tolerate with conservative measures.
Damages were then resolved by proffer. On September 19, 2025, Mr.
Cooper was awarded $25,300.68, consisting of $25,000.00 for pain and suffering and $300.68 for past unreimbursable expenses, paid through counsel's IOLTA account.
Theory of causation
Influenza vaccine, October 16, 2021, left Table SIRVA. ENTITLEMENT GRANTED and COMPENSATED. Respondent disputed 48-hour onset due almost six-month treatment delay and no shoulder complaint at December 2021 PCP visit. Chief Special Master Corcoran credited April 2022 reports of pain since vaccine evening, petitioner declaration, wife Linda Cooper's retired-nurse observation that bandage was too high and pain worsened overnight, COVID avoidance/home exercises, and PT Apr-Jun 2022; mildness noted for damages. Award September 19, 2025: $25,000 pain and suffering + $300.68 expenses = $25,300.68. Attorney Jessica Anne Olins; respondent Mary Novakovic.
Source PDFs
USCOURTS-cofc-1_23-vv-00661