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

Thelma Talamantes filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on September 20, 2024. The respondent filed a Rule 4(c) Report outlining objections.

The Chief Special Master found that the record preponderantly supports that Petitioner likely experienced residual effects of her condition for more than six months, that her pre-vaccination history of right shoulder pain likely would not explain her post-vaccination symptoms, and that her pain originated and primarily occurred in her vaccinated shoulder. The decision noted that Petitioner's pre-vaccination shoulder pain, resulting from a fall, had improved significantly and had not been a complaint for nearly a year prior to vaccination.

Post-vaccination, she experienced immediate and severe pain, consistent with SIRVA. The severity requirement was met as her symptoms persisted beyond six months, despite her stopping formal treatment shortly before the six-month mark.

The decision also addressed that while pain radiated to her arm and hand, it primarily originated in the shoulder, satisfying a key element for SIRVA claims. The case was scheduled for further proceedings, including Petitioner filing an affidavit and engaging in settlement discussions, with entitlement to compensation appearing likely pending damages determination.