Sharon K. Dixon v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2023)

Sharon K. Dixon filed a petition alleging a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 21, 2018.

She reported pain starting within hours of the vaccination, which persisted for several months and involved multiple medical visits and treatments, including physical therapy and steroid injections. However, the medical records showed a significant gap of approximately eighteen months, from February 2019 to August 2020, during which Ms.

Dixon did not seek treatment for shoulder pain, despite seeking care for other unrelated medical issues. The respondent moved to dismiss, arguing that Ms.

Dixon failed to meet the Vaccine Act's "severity requirement," which mandates that residual effects of the injury persist for more than six months after vaccination. The court agreed, finding that the evidence did not preponderantly establish that Ms.

Dixon's injury persisted for the required six months, particularly given the extended treatment gap. Consequently, the court dismissed the case for failure to meet the severity requirement, and no compensation was awarded.