Lisa Hejna v. HHS - Influenza, shoulder injury related to vaccine administration (2022)

Lisa Hejna, a 33-year-old adult, received an influenza vaccine on October 5, 2017. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as defined on the Vaccine Injury Table.

She reported left shoulder pain beginning immediately after vaccination, which resolved after a couple of days but then returned and persisted. She sought medical treatment for left shoulder tendinitis, including urgent care visits, a sports medicine consultation, and physical therapy.

However, she discontinued formal physical therapy in early 2018 due to complications with a pregnancy. The medical records documented her shoulder pain and treatment up until January 15, 2018, but there were no further medical records or objective findings related to her shoulder after that date.

The petitioner argued that her pregnancy complications explained the gap in treatment and that she continued to perform home exercises. Respondent moved to dismiss the petition, arguing that the petitioner failed to demonstrate the required six-month severity of injury.

The court agreed, finding that while the petitioner may have experienced a SIRVA, she failed to provide sufficient proof of residual effects or complications for more than six months after vaccination. The court noted that her own statement and her mother's statement were insufficient without corroborating medical records, especially since her treatment ceased nearly three months before the six-month mark.

Consequently, the court granted the respondent's motion to dismiss the petition for insufficient proof of severity.