Christine Harbison v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Christine Harbison filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging a Table injury of shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 5, 2018. She had pre-existing conditions including fibromyalgia and neuropathy.

While her vaccination records indicate the flu shot was administered on November 5, 2018, she stated her shoulder pain began on her way home that day, and her husband recalled her mentioning soreness that afternoon/evening. She did not seek immediate treatment, attributing initial pain to fibromyalgia and adopting a 'wait and see' approach.

However, she reported left arm pain attributed to the flu shot on February 27, 2019, nearly four months later. Medical records and her own statements consistently linked the onset of pain and reduced range of motion to the vaccination.

The respondent argued against entitlement, primarily contesting the onset within 48 hours. The court found that while medical records did not precisely document the onset, Petitioner's sworn statements, corroborated by her husband's account and later medical documentation, established that her shoulder pain likely occurred within 48 hours of vaccination.

The court also noted that her pre-existing fibromyalgia explained her delay in seeking treatment. The court found that Petitioner satisfied all Table requirements for SIRVA and was entitled to compensation, with a damages order to follow.

The court acknowledged that her comorbidities would be considered in the damages award.