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

On August 31, 2020, Kimberly Wirtz filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 31, 2018. Petitioner was represented by Amy A.

Senerth of Muller Brazil, LLP, and the Respondent was represented by Meghan Murphy of the U.S. Department of Justice.

Special Master Herbrina Sanders presided over the case. The public decision does not describe the specific onset of symptoms, medical records, or any treatments received by Ms.

Wirtz. The case progressed as a potential Table claim, but the court found no evidence that her alleged injury met the criteria defined in the Vaccine Injury Table for SIRVA.

Furthermore, the record did not contain persuasive evidence that the influenza vaccine caused her alleged injuries. To be eligible for compensation, a petitioner must prove either a "Table Injury" or that the injury was actually caused by a vaccine, supported by medical records or a competent physician's opinion.

In this instance, the medical records were deemed insufficient to prove the claim by preponderant evidence, and Ms. Wirtz had not filed a supportive expert opinion on causation.

Following discussions with potential experts and a review of prior rulings, Ms. Wirtz stated she was unable to retain an expert to support her case.

Consequently, on February 22, 2023, she filed a motion to dismiss her petition, asserting that further proceedings would be unreasonable and a waste of resources for the court, the respondent, and the Vaccine Program. Special Master Sanders granted the dismissal for insufficient proof.

The Clerk was directed to enter judgment accordingly. No award was granted.