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

Julie Nicholson filed a petition alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on October 3, 2016. She claimed the vaccine caused her left shoulder pain and limited range of motion.

The court reviewed her medical history, which included prior shoulder pain and a diagnosis of multiple sclerosis and uncontrolled diabetes. Nicholson's own medical experts opined that the vaccine caused her condition, while the respondent's experts argued against it, citing her pre-existing conditions and lack of timely onset.

The Special Master found that Nicholson failed to prove her claim by a preponderance of the evidence. Specifically, the court determined that her pain did not begin within 48 hours of vaccination, as required for a Table injury, and that her pain and reduced range of motion were not limited solely to the left shoulder.

Furthermore, the court found that her uncontrolled diabetes and osteoarthritis were likely explanations for her symptoms. Because Nicholson did not establish the elements of a Table injury and failed to prove causation-in-fact under the Althen test, her petition was dismissed.