Leigh Anne Hall v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Leigh Anne Hall, a 40-year-old pediatric ICU nurse, received an influenza vaccine on October 1, 2018. She filed a petition alleging a shoulder injury related to vaccine administration (SIRVA), a Table injury.
Hall claimed her symptoms began within 48 hours of vaccination. However, contemporaneous medical records consistently indicated her left shoulder pain began approximately five days after the vaccination, and she initially did not believe the flu shot caused her symptoms.
While Hall later submitted affidavits claiming onset within 24-48 hours, the court found the medical records more reliable, especially given that four of the affidavits were submitted after the respondent contested the case. The court also noted inconsistencies between Hall's statements in affidavits and her earlier medical records and text messages.
Because the evidence did not preponderantly establish symptom onset within the required 48-hour timeframe for a Table SIRVA claim, her Table claim was dismissed. The court noted that Hall could pursue an off-Table claim but that the existing record was not particularly supportive of vaccine causation, citing diagnoses of acromioclavicular arthritis and postoperative complications.
The case was dismissed on the Table claim.
Source PDFs
USCOURTS-cofc-1_20-vv-01066