Eric Gervasi v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
On May 22, 2024, Eric Gervasi filed a petition alleging that an influenza vaccination administered on October 27, 2022 caused a left shoulder injury related to vaccine administration. The record also referenced a COVID-19 vaccination that day, but the Vaccine Program claim proceeded on the covered influenza vaccine.
Respondent conceded entitlement in 2025. The Secretary agreed that Mr.
Gervasi had no prior left shoulder condition, that pain began within 48 hours of the flu vaccination, that the pain and reduced range of motion were limited to the vaccinated shoulder, that no other condition explained the symptoms, and that residual effects lasted longer than six months. Chief Special Master Brian H.
Corcoran found entitlement on July 1, 2025. Damages were resolved by proffer.
On September 3, 2025, the Chief Special Master awarded $84,383.00, consisting of $82,500.00 for pain and suffering and $1,883.00 for past unreimbursable expenses. The award was payable by ACH deposit to counsel's IOLTA account for prompt disbursement.
Mr. Gervasi was represented by Jonathan Svitak.