Brenda Anderson v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (“SIRVA”) (2023)

Brenda Anderson filed a petition alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on October 11, 2018. The case proceeded as a Table claim for SIRVA.

A key factual issue was the injection site, with pharmacy records showing conflicting notations for the right and left shoulders. The Special Master issued a finding of fact concluding, by a preponderance of the evidence, that the vaccine was administered in the left shoulder, not the right shoulder where the petitioner alleged injury.

This finding was based on greater weight given to a signed consent form over computer-generated service details. The petitioner argued for reconsideration and a hearing, but the court found her arguments unpersuasive and that she had a full opportunity to present her case.

Because the vaccine was administered in the opposite shoulder from the alleged injury, the petitioner could not establish that the vaccine caused her SIRVA. Consequently, the case was dismissed.