Automated Summary
Key Facts
Petitioner John Gualandi filed a petition for compensation under the National Vaccine Injury Compensation Program alleging SIRVA from an influenza vaccination administered August 1, 2023. The Respondent conceded entitlement to compensation for SIRVA (tendinopathy and bursitis) but disputed other alleged injuries including SLAP tear and anterior inferior labral tear. Special Master Brian H. Corcoran ruled Petitioner is entitled to compensation.
Issues
- Whether the petitioner's alleged SLAP tear, anterior inferior labral tear, and AC joint hypertrophy are related to his vaccine injury. The respondent disputes these additional injuries are vaccine-related, and the petitioner agreed to proceed only on SIRVA claims.
- Whether John Gualandi is entitled to compensation for shoulder injury related to vaccine administration (SIRVA) under the National Vaccine Injury Compensation Program. The respondent conceded entitlement for SIRVA, finding the petitioner suffered residual effects for more than six months with no prior condition explaining the shoulder pain.
Holdings
The Special Masters finds that John Gualandi is entitled to compensation for a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination administered on August 1, 2023. The respondent conceded entitlement for SIRVA based on medical evidence showing pain and reduced range of motion within 48 hours of vaccination with no prior shoulder condition. The court also notes the respondent disputes that petitioner's alleged SLAP tear, anterior inferior labral tear, and AC joint hypertrophy are related to the SIRVA or vaccine-related injury.
Remedies
Petitioner is entitled to compensation for SIRVA (Shoulder Injury Related to Vaccine Administration) including tendinopathy and bursitis, but not for SLAP tear, anterior inferior labral tear, or AC joint hypertrophy
Legal Principles
The court applied the National Vaccine Injury Compensation Program (Vaccine Act), 42 U.S.C. §300aa-10, et seq., and the Vaccine Injury Table (42 C.F.R. §100.3) to determine entitlement to compensation. The petitioner satisfied the legal prerequisites for SIRVA compensation by demonstrating: (1) no prior shoulder pain history, (2) pain onset within 48 hours of intramuscular vaccination, (3) pain and reduced range of motion limited to the vaccinated shoulder, and (4) residual effects lasting more than six months. The respondent's Rule 4(c) report conceded entitlement based on these criteria.
Cited Statute
- Vaccine Injury Compensation Act
- National Vaccine Injury Compensation Program
- Vaccine Injury Table
- E-Government Act of 2002
Judge Name
Brian H. Corcoran
Passage Text
- Petitioner had no history of pain, inflammation, or dysfunction of his left shoulder prior to vaccination; pain occurred within forty-eight hours after receipt of an intramuscular vaccination; pain and reduced range of motion was limited to the shoulder in which the vaccine was administered; and no other condition or abnormality has been identified to explain petitioner's shoulder pain.
- In view of Respondent's position and the evidence of record, I find that Petitioner is entitled to compensation. IT IS SO ORDERED.
- On September 18, 2025, Respondent filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Specifically, Respondent recommends that petitioner be found entitled to compensation for SIRVA.