Charles Marion v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)

Charles Marion filed a petition alleging he suffered a right shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine he received on August 13, 2016. He claimed the vaccine was administered in his right arm, despite the pharmacy record indicating it was in his left arm, and alleged immediate sharp pain that became debilitating.

The medical records, however, contradicted his claims. Prior medical records from 2013-2014 indicated prior right shoulder pain, which was described as resolved by 2014.

Furthermore, Petitioner did not complain of right shoulder pain until over six months after vaccination, and did not attribute it to the vaccine until over nine months later. The vaccine consent form clearly indicated the injection was in the left arm ('LA' circled), and Petitioner failed to provide sufficient evidence to overcome this documentation.

Due to the lack of evidence establishing the vaccine was administered in the injured right arm, and the conflicting medical history, the case was dismissed for failure to prosecute.