Sharon Borris v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2021)

Sharon Borris filed a petition alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) caused by the influenza vaccine she received on October 8, 2015. The medical records indicated that Ms.

Borris had a history of left shoulder pain and dysfunction prior to the vaccination, which she claimed was a separate condition from the post-vaccination injury. The court found that her injury did not meet the definition for a Table SIRVA due to the pre-existing condition.

Furthermore, Ms. Borris failed to establish causation-in-fact for an off-Table claim, as her evidence, primarily consisting of later affidavits and letters from her PCP and physical therapist, did not sufficiently counter the contemporaneous medical records that suggested her post-vaccination pain was a continuation of her pre-existing condition.

The court noted that Ms. Borris did not attribute her pain to the vaccine until almost 30 months post-vaccination and after consulting an attorney.

As she failed to provide preponderant evidence of causation and did not file an expert report as suggested by the court, her petition was denied and the case was dismissed.