Bradley Hayes v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
On November 22, 2024, Bradley Hayes, then 46, filed a petition alleging that an influenza vaccine administered on October 10, 2023 caused a right shoulder injury related to vaccine administration. Mr.
Hayes reported that the shot caused immediate, unusual right-shoulder pain. On November 9, 2023, about thirty days after vaccination, he saw Heather Lansaw, APRN, reporting right shoulder pain that began when he got the flu shot; examination showed lateral deltoid pain, and he was prescribed cyclobenzaprine and diclofenac.
He began physical therapy in December, wrote that the October 10 flu shot caused quick right-shoulder pain that worsened instead of improving, and reported that the pain began immediately and the shot felt different. The therapist documented mild range-of-motion deficits and right-arm weakness and thought the presentation was consistent with mild derangement secondary to vaccine injection.
After seven therapy sessions, Mr. Hayes still had occasional pain and stiffness.
In March 2024, he continued to report trouble lifting his arm and weakness with abduction and forward flexion. An x-ray was normal, and he was prescribed meloxicam.
Orthopedist Rishi Sharma, M.D., evaluated him in April, ordered an MRI, and later diagnosed right shoulder impingement syndrome after MRI showed mild acromioclavicular osteoarthritis, bursitis, and partial tendon tears without a surgical indication. Mr.
Hayes resumed therapy, improved to roughly 90 percent by July, and by August 7, 2024 reported about 95 percent improvement with his arm no longer limiting him or affecting his quality of life. Chief Special Master Brian H.
Corcoran found entitlement on July 10, 2025 and awarded damages the same day. The award was $55,000.00 for pain and suffering and $325.00 in past unreimbursed expenses, for a total of $55,325.00.
Theory of causation
Influenza vaccine October 10, 2023 at age 46 causing right Table SIRVA; onset immediate/same day. ENTITLEMENT CONCEDED; COMPENSATED. Key evidence: Nov. 9 right shoulder pain attributed to flu shot and lateral deltoid pain; Dec. PT intake reporting immediate pain and shot felt different; mild ROM deficits/weakness; seven PT sessions with residual pain/stiffness; March weakness with abduction/forward flexion; normal x-ray; April orthopedic exam; May MRI mild AC osteoarthritis/bursitis/partial tendon tears; impingement diagnosis; resumed PT; 90-95% improvement by July-August 2024. Award $55,000 pain/suffering + $325 expenses = $55,325. Chief SM Brian H. Corcoran; petition November 22, 2024; entitlement/damages July 10, 2025.
Source PDFs
USCOURTS-cofc-1_24-vv-01949