Kashaf Zaidi v. HHS - Influenza, shoulder pain (2026)

Filed 2023-09-14Decided 2026-02-13Vaccine Influenza
entitlement_granted_pending_damages

Case summary [AI summaries can sometimes make mistakes]

Kashaf Zaidi filed a petition on September 14, 2023, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine received on October 12, 2020. The respondent objected to compensation, arguing that the petitioner had not established residual effects for more than six months, that the onset of pain was not within 48 hours of vaccination, and that she had not shown reduced range of motion.

The court found that, more likely than not, the petitioner experienced residual effects for more than six months and that the onset of her shoulder pain likely began within 48 hours of vaccination. However, other fact questions remain unresolved.

The petitioner's treating orthopedist, Dr. Alpert, opined that she suffered a left partial thickness rotator cuff tear due to the vaccination.

The petitioner testified that she continues to experience intermittent pain and weakness. The court determined that the severity requirement was met, as her pain likely continued until mid-April 2021, and that the onset of pain occurred within 48 hours of vaccination.

The court deferred ruling on the reduced range of motion issue. The respondent is to file a status report by September 29, 2025, indicating willingness to discuss settlement or proffer.

The case is currently pending further proceedings on damages and unresolved factual disputes.

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