Carla Hargrave v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)

Carla Hargrave filed a petition alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of influenza and Tdap vaccines she received on December 4, 2019. She also asserted claims for causation in fact and significant aggravation of an underlying condition.

The medical records presented inconsistent timelines for the onset of her shoulder pain. Initially, she reported pain present for one week, placing onset in late January 2020, approximately 53 days after vaccination.

Later, she indicated her pain started about three weeks prior to a March 25, 2020 appointment, suggesting an early March 2020 onset. Other records suggested onset in January, March, or April of 2020.

The earliest medical records placing onset within 48 hours of vaccination were from six to seven months after the shots, which were deemed less contemporaneous and less persuasive. Petitioner's own declarations and those of witnesses were also found to be too nonspecific regarding the exact onset time.

The court found that the evidence overwhelmingly placed the onset of her shoulder pain much later than 48 hours after vaccination, making it too late for a Table claim. Furthermore, she failed to establish a medically acceptable temporal relationship for an off-Table claim or a significant aggravation claim.

Consequently, the court dismissed the petition for insufficient evidence.