Merilynne Delio v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Merilynne Delio filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she developed a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 9, 2016. The case proceeded as an off-Table claim because the Special Master determined that Ms.

Delio's shoulder pain began between December 14, 2016, and January 2017, which is more than 48 hours after vaccination, thus not meeting the Table criteria for SIRVA. The Special Master reviewed extensive medical records, affidavits, and expert reports from both parties.

Petitioner's expert, Dr. Natanzi, opined that the vaccine caused SIRVA, initially assuming immediate onset of pain.

Respondent's expert, Dr. Abrams, argued against SIRVA, citing the delayed onset and alternative causes like Petitioner's prior shoulder surgery and fibromyalgia.

The Special Master found that the contemporaneous medical records, which indicated no shoulder pain at visits on November 14 and December 14, 2016, were more persuasive than later affidavits. The Special Master also found that the onset of pain between 35 and 83 days post-vaccination was not a medically acceptable temporal interval for SIRVA, citing medical literature that generally supports onset within 48 hours.

Furthermore, the Special Master found that Petitioner failed to establish a medically sound causation theory for an onset occurring more than a month after vaccination. Consequently, the petition was dismissed for failure to prove entitlement by a preponderance of the evidence.