Emon Hollins v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2023)

Emon Hollins filed a petition alleging that an influenza vaccine administered on November 10, 2015, caused a left shoulder injury related to vaccine administration (SIRVA). The court reviewed the case on the filed record, considering medical records, affidavits, and expert reports from both parties.

Petitioner argued that he suffered from a Table SIRVA or, alternatively, that the vaccine was the cause-in-fact of his shoulder injury. Respondent contended that Petitioner's pre-existing rheumatoid arthritis and shoulder pain, which predated the vaccination, explained his symptoms and precluded a Table claim.

The Special Master found that Petitioner failed to meet the criteria for a Table SIRVA, specifically noting the pre-existing pain, inflammation, and dysfunction of the affected shoulder, as well as the lack of clear symptom onset within 48 hours and the presence of alternative conditions that could explain the symptoms. The court also analyzed the claim under the Althen standard for off-Table injuries.

While the court acknowledged a medically acceptable theory for SIRVA, it found that Petitioner failed to demonstrate a logical sequence of cause and effect and a proximate temporal relationship between the vaccination and his alleged injury. The court noted that Petitioner's shoulder pain had an insidious onset and that his symptoms, including chest and armpit pain, were not solely limited to the shoulder, suggesting they were better explained by his pre-existing rheumatoid arthritis.

Ultimately, the court concluded that Petitioner did not establish by a preponderance of the evidence that the vaccine caused his injury. Therefore, the petition was dismissed.