Sailaja Peddada v. HHS - Influenza, right shoulder injury (SIRVA) (2017)
Case summary [AI summaries can sometimes make mistakes]
Sailaja Peddada filed a petition alleging that an influenza vaccine administered on November 13, 2015, caused a right shoulder injury (SIRVA). Although Ms.
Peddada stated the vaccine was given in her right shoulder, the vaccine record indicated it was administered in her left deltoid. Her reported onset of right shoulder pain was on January 8, 2016, nearly two months after the vaccination, and she attributed this pain to reaching for a low volley while playing tennis.
Medical records documented her right shoulder pain, tendinosis, and subsequent treatment, but did not show an adverse reaction to the flu vaccine. Ms.
Peddada later changed her history to state the pain began immediately after the flu shot, but the Special Master noted the impossibility of a right shoulder injury from a left shoulder vaccination and the inconsistency with her prior consistent reporting of a tennis-related injury. The court also noted the absence of a medical expert report supporting her claim.
Ultimately, Ms. Peddada filed a motion to dismiss her own petition, stating she would be unable to prove entitlement to compensation.
The case was dismissed for failure to make a prima facie case.
Source PDFs
USCOURTS-cofc-1_17-vv-00426