Sara McCarthy v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2024)

Sara McCarthy filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on December 30, 2019. The case was assigned to the Special Processing Unit.

The respondent argued that the petitioner could not demonstrate that her symptoms occurred within 48 hours of vaccination, a requirement for a Table SIRVA claim. The petitioner provided affidavit testimony from herself, her daughter, her husband, and a colleague, suggesting that her pain began immediately or very soon after the vaccination.

However, the medical records indicated a significant treatment gap, with the first visit for shoulder pain occurring nearly eight months after vaccination. At that visit, the petitioner reported pain onset in February 2020, over a month after the vaccination.

A subsequent occupational therapy evaluation noted onset in January 2020, but did not specify a date within the 48-hour window. The court found that the affidavit testimony was not corroborated by independent evidence and was inconsistent with the majority of the medical records.

While the court acknowledged that the COVID-19 pandemic may have complicated the petitioner's ability to seek timely medical attention, it was not convinced that this fully explained the delay or the lack of alternative care options. Ultimately, the court determined that the petitioner failed to establish by a preponderance of the evidence that the onset of her shoulder pain occurred within 48 hours of vaccination.

Therefore, her Table SIRVA claim was dismissed for insufficient evidence, and an off-Table claim was also deemed not viable due to similar onset deficiencies and lack of expert support.