Cheryl Fajge v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2023)

On December 30, 2020, Cheryl Fajge filed a petition alleging that an influenza vaccine administered on September 21, 2020 caused a left shoulder injury related to vaccine administration. The case turned on severity.

The Special Master found that the medical records did not show shoulder symptoms, treatment, hospitalization, surgery, or residual effects lasting more than six months after vaccination. Respondent moved to dismiss, and Ms.

Fajge did not produce evidence sufficient to meet the Vaccine Act's severity requirement. On August 3, 2023, Special Master Herbrina D.

S. Young dismissed the petition for insufficient proof.

A later fee decision denied attorney's fees and costs, finding no objective reasonable basis in light of the absence of evidence satisfying the six-month severity requirement. No vaccine-injury compensation was awarded.