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

Victoria Schroeder filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on September 1, 2020. She initially reported right shoulder pain and tingling in her hand shortly after the vaccination, which she stated was administered in her right arm.

Although the initial vaccine record indicated administration in the left arm, subsequent medical records and her own affidavit consistently reported right shoulder pain originating from the vaccination. The respondent argued that the Petitioner could not meet the Table requirements for a SIRVA claim, particularly regarding the site of vaccination and the limitation of pain to the shoulder.

However, the court found sufficient evidence, including contemporaneous medical notes and the Petitioner's consistent reporting, to establish that the vaccine was likely administered in her right arm. The court determined that Schroeder met the Table criteria for SIRVA, including no prior history of shoulder issues that would explain the symptoms, onset within 48 hours of vaccination, and pain primarily limited to the shoulder, despite some radiation into the arm.

The court concluded that Schroeder is entitled to compensation and that the case would proceed to determine damages.