Javier O. Salazar v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Javier O. Salazar filed a petition alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on November 8, 2017.

The case was assigned to the Special Processing Unit. The court found that the vaccine was administered in Petitioner's left arm.

However, the Petitioner's Table SIRVA claim was dismissed because the evidence did not preponderantly establish that the onset of his symptoms occurred within 48 hours of vaccination, as required for a Table claim. While Petitioner presented affidavit evidence suggesting onset within 48 hours, this testimony was given nearly five years after the events and contradicted more contemporaneous medical records.

The medical records indicated onset three to four days after vaccination, or even later. The court noted that evidence could potentially support an off-Table claim, and allowed a brief period for informal resolution before transferring the case out of the SPU.