Gail Hess v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2026)

Gail Hess filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine received on October 9, 2022. The parties were unable to settle the claim, and Respondent contended that Petitioner had not established that her shoulder pain began within 48 hours of vaccination.

The decision details the legal authority for findings of fact and reviews the evidence presented. Petitioner's vaccination record shows she received the flu vaccine on October 9, 2022.

Medical records and testimony indicate that by that evening, she was unable to move her left arm due to severe pain. She sought care from her primary care provider and an orthopedist, who diagnosed her with pain and an incomplete rotator cuff tear of the left shoulder.

The Chief Special Master found that Petitioner's shoulder pain likely began within 48 hours of vaccination, establishing entitlement. The case is proceeding to damages, and the parties are encouraged to re-engage in settlement discussions.