Jane Elise Delzer v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2019)

Jane Elise Delzer filed a petition seeking compensation under the National Vaccine Injury Compensation Program, alleging that the influenza vaccine she received on October 27, 2014, caused her to suffer from a left shoulder injury related to vaccine administration (SIRVA). The case was initially assigned to a special processing unit but was later transferred for litigation.

Respondent filed a motion to dismiss, arguing that Ms. Delzer's SIRVA claim did not merit compensation because she could not satisfy the Vaccine Act's six-month severity requirement.

The medical records indicated that Ms. Delzer received the flu vaccine on October 27, 2014, and experienced left shoulder pain that began between that date and the immediate weeks following.

She presented for treatment from November 2014 through February 2015, with one record from February 2015 noting her left shoulder pain was 'under control now w/ functional activities.' However, subsequent medical records from June 2015 through September 2017 made no mention of any left shoulder complaints, despite numerous physical therapy visits for other issues. Petitioner relied on her own affidavits and that of her husband to assert that the pain lasted longer than six months, but the court found this subjective evidence insufficient to overcome the lack of objective medical documentation.

The court noted that Petitioner had the burden to prove her case by a preponderance of the evidence, including the six-month severity requirement, and that this could not be based solely on her own allegations. As Petitioner failed to demonstrate that her injury met the six-month severity requirement, the court granted Respondent's motion to dismiss.