Astou Gueye v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2025)

Astou Gueye, an adult, received an influenza vaccine in her left shoulder on November 10, 2015. Within 48 hours, she began experiencing pain and limited range of motion in her left shoulder, which she attributed to the vaccination.

She presented with various shoulder-related symptoms over the next few years, including pain, swelling, and reduced range of motion, and was diagnosed with conditions such as bursitis, tendinosis, and impingement syndrome. Her medical records also indicated the development of cervical radiculopathy.

Petitioner argued that her shoulder injury was caused by the vaccine, while the respondent contended that she could not establish a Table claim or causation-in-fact. The court found that while Petitioner did not meet all the criteria for a SIRVA Table injury, she did provide sufficient evidence to establish that the flu vaccine caused her shoulder injury through an off-Table causation-in-fact claim.

The court determined that the vaccine was a substantial factor in bringing about her injury, and the respondent did not prove that unrelated factors caused the condition. Therefore, Petitioner was found entitled to compensation, with a separate order to follow for damages.