Janice Sirl v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) and transverse myelitis (2025)
Case summary [AI summaries can sometimes make mistakes]
On January 8, 2021, Janice Sirl filed a petition alleging that an influenza vaccination administered on September 13, 2018 caused a Table shoulder injury related to vaccine administration and/or transverse myelitis. The public record showed a complicated pre- and post-vaccination history.
Before vaccination, Ms. Sirl had neck pain radiating into the left shoulder and arm, cervical strain, and mild myelopathic signs.
After vaccination there was a five-month gap before a February 2019 visit for pain localized to the neck, with radiation into the left shoulder, right elbow, and thighs. Dr.
Cleland noted painful left-shoulder range of motion and positive Neer, Hawkins, and empty-can tests, but concluded that the shoulder pain appeared rotator-cuff mediated while Lhermitte sign suggested a potential neurologic issue. Physical therapy records later documented neck and left-shoulder pain after a flu shot, but also recorded that one physician thought the pain most likely was not from the flu shot.
Neurologic workup later included myelopathy or myelitis considerations, a lumbar puncture ruling out multiple sclerosis, and ongoing lower-extremity tingling. Respondent opposed both the Table SIRVA and transverse myelitis claims, arguing that Ms.
Sirl waited nearly five months for treatment, had prior left-shoulder and neck symptoms, and had neurologic features that better explained the complaints. Special Master Daniel T.
Horner issued superseding findings on September 16, 2025. He dismissed the Table SIRVA claim, finding that Ms.
Sirl had not shown the required onset and had not disentangled shoulder symptoms from broader neurologic signs. He left the transverse myelitis claim open after reconsideration because of procedural concerns and directed Ms.
Sirl to reassess the claim and consult an expert. After further investigation, Ms.
Sirl moved for dismissal, stating that she would be unable to prove entitlement and understood that judgment would end her Vaccine Program rights. Respondent did not oppose, while reserving positions on timeliness and fees.
On November 18, 2025, Special Master Horner dismissed the petition for failure to establish a prima facie case. No compensation was awarded.
Theory of causation
Adult petitioner; influenza vaccine September 13, 2018; alleged Table SIRVA and transverse myelitis. DISMISSED. Pre-vaccine neck/left shoulder/arm pain and myelopathic signs; five-month treatment gap; Feb./Mar. 2019 shoulder pain mixed with neck, thigh symptoms, Lhermitte sign, and later myelitis/myelopathy workup. Respondent challenged onset, prior symptoms, and alternative neurologic explanation. SM Horner dismissed Table SIRVA Sept. 16, 2025; transverse myelitis claim left open after reconsideration, then petitioner moved to dismiss after expert reassessment. Final dismissal Nov. 18, 2025. Petition filed Jan. 8, 2021.
Source PDFs
USCOURTS-cofc-1_21-vv-00348