Susan Kaye Roselli v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Susan Kaye Roselli filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine administered on September 12, 2016. She initially also claimed injury from a pneumococcal vaccine but later dropped that claim.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report stating that the evidence did not adequately establish the onset of shoulder pain within 48 hours of vaccination, nor that the pain and reduced range of motion were limited to the shoulder of injection. The respondent also determined that the record failed to establish by a preponderance of the evidence that the flu vaccination caused her shoulder pain.

The Chief Special Master also noted insufficient evidence to establish that the petitioner was ever diagnosed with or treated for Guillain-Barré Syndrome (GBS), which had been raised as a potential issue. Ultimately, Ms.

Roselli moved for a decision dismissing her petition, acknowledging she would be unable to prove entitlement to compensation and that proceeding further would be unreasonable. The court granted her motion, denying her claim for compensation and dismissing the case for insufficient proof.

The decision noted that Ms. Roselli intended to elect to reject the Vaccine Program judgment and file a civil action.