Barbara Brewer v. HHS - Influenza, right-side Shoulder Injury Related to Vaccine Administration (SIRVA) followed by a fracture of the shaft of the right humerus (2023)

Barbara Brewer, a 70-year-old woman, received an influenza vaccine on September 10, 2020. Later that day, she experienced a pop in her right shoulder and presented to the emergency room with a fracture of the right humerus.

The ER record indicated the injury resulted from a fall at home, though Ms. Brewer disputed this, attributing the injury to the vaccine and a "pop" she heard.

She filed a claim under the National Vaccine Injury Compensation Program alleging a Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent moved to dismiss, arguing that the injury was a fracture, not a SIRVA, and that causation was not established.

Petitioner's expert, Dr. Dahl, opined that the vaccine caused an inflammatory reaction that weakened the bone, leading to the fracture.

Respondent's expert, Dr. Abrams, countered that a vaccine administration needle is too small to cause a fracture and that any inflammatory response sufficient to weaken bone would take years, not hours.

The court found that the evidence preponderated against a SIRVA diagnosis, as the primary injury was a fracture, which is not a SIRVA. Furthermore, the court found that Petitioner failed to establish causation-in-fact for an off-Table claim.

Dr. Dahl's theory was deemed unreliable and unsupported by independent medical evidence, while Dr.

Abrams's opinion that a vaccine cannot cause an acute humerus fracture was found more persuasive. The court concluded that the temporal association between the vaccination and the fracture was not sufficient to establish causation, as the medical theory was not medically acceptable for the rapid onset observed.

The claim was denied on the merits.