N.L. v. HHS - Influenza, left shoulder injury related to vaccination administration (SIRVA) (2022)

N.L. filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging a Table claim for a left shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine received on December 2, 2016. The petitioner reported left shoulder pain and limited range of motion within 24 hours of vaccination, and sought treatment from her primary care provider and an orthopedist.

Medical records indicated mild subacromial subdeltoid bursitis and intact tendons, with the petitioner declining a cortisone injection. While she initially reported ongoing symptoms in January 2017, she did not complain of left shoulder pain or seek treatment for over two years, until July 2019, after retaining counsel.

Respondent argued that the petitioner failed to establish residual effects of her injury for more than six months, as required by statute. The court agreed, noting the lack of evidence of ongoing symptoms between February 2017 and June 2019.

Despite opportunities to provide evidence, the petitioner failed to demonstrate that she suffered the residual effects of her injury for more than six months or required inpatient surgical intervention. Consequently, the case was dismissed for failure to prosecute.