Kevin Brown v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2026)
Case summary [AI summaries can sometimes make mistakes]
On August 3, 2023, Kevin Brown filed a petition alleging that an influenza vaccination administered on September 17, 2020 caused a shoulder injury related to vaccine administration. Respondent opposed the claim, and Mr.
Brown moved for a ruling on the record. The dispute centered on whether Mr.
Brown had proven that the flu shot was given in his left deltoid and that his symptoms began within the Table timeframe. The record included an appointment confirmation and employee-health documentation.
On October 14, 2020, he reported that he had received the influenza vaccination in the left high deltoid region and developed pain. Examination showed reduced range of motion and strength.
Later records repeatedly connected his left shoulder pain to the September 17, 2020 flu shot, and he received steroid injections, physical therapy, orthopedic care, and ultimately a left shoulder arthroscopic debridement and subacromial decompression on March 14, 2022. Treatment continued into 2024, including repeat scapulothoracic bursa injections.
Chief Special Master Brian H. Corcoran found that Mr.
Brown had shown by preponderant evidence that the vaccine was administered in the left deltoid and that onset occurred the same day as vaccination. He found the Table SIRVA requirements and six-month severity requirement satisfied.
Entitlement was granted on March 11, 2026, with damages left for later proceedings.
Theory of causation
Influenza vaccine on September 17, 2020, causing Table SIRVA; ENTITLEMENT GRANTED, damages pending. Respondent disputed left-deltoid administration and Table onset. Evidence: employee-health report of left high deltoid vaccine/pain, reduced ROM/strength, repeated treatment records tying onset to 9/17/2020, steroid injections, PT, orthopedics, arthroscopic debridement/subacromial decompression March 14, 2022, and treatment through 2024. Chief SM Brian H. Corcoran granted entitlement. Petition filed August 3, 2023; decision March 11, 2026. Age exact not stated; corrected from erroneous minor/age-2 tagging to adult unknown-age.
Source PDFs
USCOURTS-cofc-1_23-vv-01235