Neena Hartshorn v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)

Neena Hartshorn filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of her November 21, 2013, influenza vaccination. She claimed this was an on-Table injury.

The petition was filed on January 2, 2018, which was timely under a special provision allowing claims related to SIRVA to be filed within two years of the March 21, 2017, amendment to the Vaccine Injury Table. However, a prior Ruling on Onset found that Ms.

Hartshorn's symptoms began twelve days after her vaccination, which was outside the 48-hour onset window required for a Table SIRVA claim. Consequently, the on-Table claim was dismissed on June 24, 2025.

The court then considered whether an off-Table claim could proceed. The court determined that even if an off-Table claim were pursued, it would be time-barred.

The special look-back provision for Table revisions was found not to apply to off-Table claims, as Ms. Hartshorn could have pursued an off-Table claim within the standard three-year statute of limitations before the Table revision.

Because her claim was determined to be off-Table and time-barred, and her on-Table claim failed on the merits due to late onset, the petition was dismissed.