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

Filed 2023-10-03Decided 2025-04-01Vaccine Influenza
compensated$46,587

Case summary [AI summaries can sometimes make mistakes]

David Molter, a 42-year-old police officer, filed a petition for compensation under the National Vaccine Injury Compensation Program. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine he received on January 12, 2022.

Although the vaccine administration record indicated the injection was in the left deltoid, Mr. Molter, who is left-handed, insisted on receiving the vaccine in his right arm.

He reported pain in his right shoulder the day after vaccination, which gradually increased and led to decreased range of motion. Subsequent medical records from his primary care physician, physical therapist, and orthopedic surgeon consistently noted pain and reduced range of motion in his right shoulder, attributing it to the vaccine administration.

His wife, a registered nurse, also recalled the pain being in his right arm and noted the band-aid placement was high on his right shoulder. The court found that the contemporaneous record indicating a left-sided injection was likely an error due to a computerized system.

The court determined that there was preponderant evidence that the vaccine was administered in Mr. Molter's right arm and that he suffered a Table SIRVA.

The case proceeded to the damages phase, and the parties stipulated to an award. On April 1, 2025, the court issued a decision awarding Mr.

Molter a total of $46,587.63, comprising $45,000.00 for pain and suffering and $1,587.63 for past unreimbursable expenses.

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