Lisa Lis v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA), including a left labrum tear, bursitis, and left shoulder impingement (2020)

Lisa Lis filed a petition alleging that she developed a Shoulder Injury Related to Vaccine Administration (SIRVA), including a left labrum tear, bursitis, and left shoulder impingement, as a result of an influenza vaccination she received on October 2, 2015. She claimed immediate onset of symptoms.

Respondent argued that Petitioner failed to meet her burden of proof under Althen v. Sec’y of Health & Human Servs., noting she did not seek medical attention for her shoulder until six months after vaccination and that her records supported an onset date no earlier than January 2016.

After a fact hearing and further submissions, the Special Master determined the onset date of Petitioner’s left shoulder pain to be around January 27, 2016. The Special Master ordered Petitioner to file an expert report supporting that onset date or a status report indicating how she intended to proceed.

Petitioner subsequently filed a motion for a dismissal decision, preferring an involuntary dismissal and judgment against her. The court found insufficient evidence in the record for Petitioner to meet her burden of proof and dismissed the case for insufficient proof.