Joyce Gruszka v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2023)

Joyce Gruszka filed a petition alleging that her August 18, 2017, influenza vaccination caused a left Shoulder Injury Related to Vaccine Administration (SIRVA). The court previously found that there was not preponderant evidence that her shoulder pain began within 48 hours of the vaccination, precluding a Table SIRVA claim.

This decision further addresses her claims for causation-in-fact and significant aggravation. The medical records indicate a history of left shoulder pain dating back to 2015, with symptoms described as chronic and non-traumatic, and diagnoses including osteoarthritis and degenerative changes.

Petitioner's expert, Dr. Srikumaran, opined that the vaccine triggered inflammation in her shoulder, leading to bursitis and tendinitis, and significantly aggravated a pre-existing, asymptomatic condition.

Respondent's expert, Dr. Cagle, disagreed, emphasizing petitioner's documented history of shoulder osteoarthritis and the lack of a clear temporal link between the vaccination and the onset of pain.

The court found that petitioner did not establish a logical sequence of cause and effect or a medically acceptable temporal relationship between the vaccination and her shoulder pain, noting inconsistencies in her reported onset and her failure to associate the pain with the vaccine to her treating physicians. Ultimately, the court concluded that petitioner failed to meet her burden of proof for a Table SIRVA, causation-in-fact, or significant aggravation claim, and therefore, her petition was dismissed.