Sharon Kabelitz v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)

Sharon Kabelitz filed a petition on March 31, 2017, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on November 5, 2015. The respondent was the Secretary of Health and Human Services.

Special Master Herbrina Sanders issued a decision on May 31, 2022. The Special Master determined that the petitioner had not provided sufficient evidence that her shoulder injury manifested within 48 hours of vaccination, as stated in a Fact Ruling issued on February 17, 2022.

The public decision notes that the medical records were insufficient to prove the petitioner's claim, and no supportive expert opinion on causation had been filed. To receive compensation under the National Vaccine Injury Compensation Program, a petitioner must prove either a "Table Injury" or that the injury was actually caused by the vaccine.

The record did not contain evidence of a "Table Injury," nor persuasive evidence that the alleged injuries were caused by the flu vaccine. On May 19, 2022, the petitioner filed a motion to dismiss her own petition, stating the record was complete, and the respondent did not object.

Consequently, the case was dismissed for insufficient proof. The petitioner was represented by Leah V.

Durant of the Law Offices of Leah V. Durant, PLLC, and the respondent was represented by Adriana R.

Teitel of the U.S. Department of Justice.

The decision was posted on the court's website.