Julie Finn, M.D. v. HHS - Influenza, shoulder injury related to vaccine administration (2023)

Julie Finn, M.D., received an influenza vaccination on October 14, 2019. She subsequently filed a petition alleging a shoulder injury related to vaccine administration (SIRVA).

Initially, the respondent contested entitlement, arguing that the vaccination was administered subcutaneously and that proof of onset within 48 hours was insufficient for a Table claim. However, the petitioner provided affidavits asserting the vaccine was given intramuscularly.

The Special Master found sufficient evidence of onset within 48 hours and determined the notation of subcutaneous administration was an error. The respondent then amended their report, conceding that Dr.

Finn met the criteria for a Table SIRVA claim, including no prior history of shoulder pain, onset within 48 hours, and symptoms limited to the shoulder. The statutory six-month sequela requirement was also satisfied.

Based on the respondent's concession and review of the record, the Special Master ruled that Dr. Finn is entitled to compensation, and the case will proceed to the damages phase.