Tara Hurley v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)

Tara Hurley filed a petition on July 5, 2016, alleging that an influenza vaccine administered to her left shoulder on November 1, 2013, caused a shoulder injury related to vaccine administration (SIRVA). The respondent was the Secretary of Health and Human Services.

The case was initially assigned to the Special Processing Unit but did not settle and was reassigned to Special Master Laura D. Millman on March 6, 2017.

A factual hearing was held on January 18, 2018, with petitioner and several witnesses testifying. Petitioner filed a posthearing brief on March 15, 2018, and respondent filed a posthearing brief on April 30, 2018.

Petitioner filed a response on May 15, 2018. On August 20, 2018, the Special Master issued a finding of fact that petitioner's shoulder pain began in December 2013, not immediately after the vaccination.

Petitioner was given until September 19, 2018, to file a motion for dismissal or a status report on how she wished to proceed. After extensions, on November 19, 2018, petitioner filed a Motion for a Decision Dismissing the Petition, stating she did not wish to move forward.

Special Master Millman granted this motion and dismissed the petition. The decision notes that SIRVA was not a "Table injury" at the time the petition was filed.

Petitioner, born August 6, 1976, had a history of complex partial seizures, dysthymia, gastroesophageal reflux disease, and von Willebrand’s disease. She had been on Topamax and Effexor, and had undergone in vitro fertilization procedures.

Medical records indicated conflicting accounts of the onset of her shoulder pain. While her affidavits and some testimony suggested immediate pain after the November 1, 2013, flu vaccination, contemporaneous medical records and histories provided to treating physicians consistently indicated that her left shoulder pain began in December 2013, at least one month after the vaccination.

Treating physicians, including an orthopedist and a neurologist, did not attribute her pain to the flu vaccination. Her chiropractor suggested the pain might be related to her neck strain from an egg retrieval procedure in December 2013.

Petitioner testified that she only connected her shoulder pain to the flu vaccination after researching SIRVA online and finding anecdotal evidence from younger individuals who linked their conditions to flu shots. She admitted to providing incorrect dates for the vaccination to some physicians due to poor recall.

The Special Master found that the contemporaneous medical records and histories were more credible than later testimony attempting to establish an immediate onset. The Special Master ruled that petitioner's onset of left shoulder pain occurred in December 2013.

As petitioner failed to provide an expert report to establish a medical theory connecting the flu vaccine to her shoulder pain with the required temporal proximity, and failed to establish a prima facie case of causation, the petition was dismissed. Petitioner was represented by Ronald C.

Homer, and respondent was represented by Linda S. Renzi.

The decision was issued by Special Master Laura D. Millman on November 19, 2018.