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.
Theory of causation
Influenza vaccine, October 27, 2022, competent adult petitioner exact age not stated, causing left SIRVA. ENTITLEMENT GRANTED by concession and COMPENSATED by proffer. Respondent conceded Table SIRVA: no prior left shoulder condition, pain within 48 hours, symptoms limited to the left shoulder, no alternative diagnosis, and residual effects longer than six months. Award: $84,383 total, including $82,500 pain and suffering and $1,883 past unreimbursable expenses. Chief Special Master Corcoran, entitlement July 1, 2025 and damages September 3, 2025. Attorney Jonathan Svitak.
Source PDFs
USCOURTS-cofc-1_24-vv-00791