K.A. v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
K.A., a registered nurse, filed a petition alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 9, 2018. The case was initially processed as a Table claim.
The respondent argued that the petitioner failed to establish the injury occurred within 48 hours of vaccination and that an alternative explanation, a fall that occurred shortly before vaccination, could explain her symptoms. The court found that while there was some evidence suggesting the vaccine was administered in the right arm, the petitioner did not establish symptom onset within the required 48-hour window for a Table SIRVA claim.
The court also noted evidence of a prior fall that could explain the shoulder pain. Consequently, the Table claim was dismissed.
The petitioner was informed that she could pursue an off-Table claim for causation-in-fact, but this would require further review and likely expert retention outside of the Special Processing Unit.
Source PDFs
USCOURTS-cofc-1_20-vv-00002