Kathryn Vashro v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2023)

Kathryn Vashro filed a petition alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 24, 2019. She claimed this was a Table injury or, alternatively, a caused-in-fact injury.

However, the court found that the evidence indicated her pain was more likely a continuation of prior right shoulder pain, failing to meet the SIRVA Table criteria of no prior shoulder pain and onset within 48 hours. Petitioner also failed to provide sufficient evidence for an off-Table claim.

Her medical records showed prior right arm pain, which she attributed to a bee sting, but this explanation was not fully supported by her physician's notes or her own descriptions of muscular pain. Furthermore, her reported onset times varied significantly, with some reports occurring weeks or months after vaccination and after she had sought support from groups for vaccine injury.

The court noted that her post-vaccination symptoms were similar to her pre-vaccination complaints and that her right arm pain was considered multifactorial. Despite opportunities to provide further evidence, Ms.

Vashro declined. Consequently, the court dismissed the case for failure to prosecute and insufficient evidence, denying entitlement to compensation.