Vivien Lee v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

Vivien Lee 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 an influenza vaccine received on January 12, 2017. The medical records presented conflicting information regarding the onset of her pain, with one record indicating immediate pain and another stating onset four days after vaccination.

The court found that the evidence preponderated in favor of an onset longer than four days post-vaccination, which did not meet the Table criteria for SIRVA. Furthermore, the court determined that Vivien Lee had not preponderantly established a causation-in-fact claim, as her symptoms were more likely attributable to alternative conditions such as adhesive capsulitis and cervical radiculopathy, for which there was no established vaccine causation.

The court denied entitlement to compensation, finding that the evidence did not support her claim for a vaccine-related injury. The case was decided on the record without an evidentiary hearing.