Alice Rivas v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

Alice Rivas filed a petition alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine she received on January 24, 2018. The case was assigned to the Special Processing Unit, and Respondent filed a report opposing compensation.

Petitioner moved for a ruling on the record, arguing she met the Table requirements for SIRVA. Respondent argued that Petitioner failed to establish that her injury onset occurred within 48 hours of vaccination, that her pain was limited to her left shoulder, or that there was no alternative cause for her symptoms.

The medical records indicated that Petitioner received the flu vaccine in her left shoulder on January 24, 2018. While she reported swelling and bruising two days after the vaccination, and later described pain and swelling in her left arm and neck, the records did not consistently establish that the onset of pain occurred within 48 hours of the vaccination.

Furthermore, her pain was described as radiating to other areas, including her right shoulder and upper back, and she experienced other symptoms such as dizziness and rash, which could be attributed to other conditions like anxiety or autoimmune disorders. Chief Special Master Corcoran found that Petitioner failed to demonstrate all the requirements for a Table SIRVA, specifically the timely onset of pain limited to the affected shoulder and the absence of another condition that would explain her symptoms.

Consequently, the Chief Special Master dismissed Petitioner's Table claim and ordered the case to be reassigned to determine if an off-Table claim could be established.