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

Sandra Francis filed a petition alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine she received on October 27, 2017. The core issue in this case was whether Ms.

Francis met the statutory six-month sequelae requirement, meaning her injury persisted for more than six months after vaccination. The medical records showed that Ms.

Francis experienced mild to moderate shoulder pain starting two weeks after her vaccination, which was treated conservatively. By January 2018, approximately two months post-vaccination, her condition was noted as improving.

However, there was a significant gap in treatment records for nearly four months, and then another gap of eleven months. The medical records from June 2018, around the six-month mark post-vaccination, did not mention right shoulder pain, instead noting changes consistent with osteoarthritis.

Later, in May 2019, Ms. Francis reported significant joint pain, and imaging revealed a rotator cuff tear and osteoarthritis, leading to surgery in August 2019.

The respondent argued that the injury did not persist for six months and that later pain was likely due to worsening osteoarthritis. Ms.

Francis contended her pain never resolved and that the absence of documentation did not negate her testimony. The Chief Special Master found that the substantial treatment gaps and the lack of contemporaneous documentation of persistent shoulder pain around the six-month mark meant Ms.

Francis failed to prove the severity requirement by a preponderance of the evidence. Consequently, her claim was dismissed.