Veronica Vogel v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2026)
Case summary [AI summaries can sometimes make mistakes]
Veronica Vogel filed a petition alleging she suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine she received on October 11, 2017. She had a history of carpal tunnel syndrome, arthritis, and Type 2 diabetes.
After vaccination, she experienced left shoulder pain and swelling, with diminished range of motion. Medical records showed inconsistent reporting of the onset of her shoulder pain, with some records suggesting onset months after the vaccination, and a significant delay in seeking initial treatment.
The court noted that the petitioner's primary care physician had no record of visits for shoulder pain during the alleged onset period. Because the petitioner failed to establish by a preponderance of the evidence that her shoulder pain began within 48 hours of vaccination, as required for a Table SIRVA claim, the court dismissed her Table claim.
The decision noted that it remains possible for her to pursue a causation-in-fact claim.
Source PDFs
USCOURTS-cofc-1_20-vv-01352