Cathy Sun v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)

Cathy Sun filed a petition for compensation under the National Vaccine Injury Compensation Program on May 10, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on November 4, 2019. Ms.

Sun did not provide significant details about her symptoms or treatment in her initial petition, nor did she submit extensive medical records. Her counsel indicated that the petition was filed prematurely due to a potential amendment to the Vaccine Injury Table.

The court required the submission of supporting medical records and documentation. Ms.

Sun later filed a motion to dismiss her own petition, stating she could not demonstrate the required six months of sequelae for her alleged SIRVA injury. To receive compensation, petitioners must prove a Table injury or that a vaccine actually caused their injury, supported by medical records or physician opinions.

For a Table injury like SIRVA, proof of at least six months of effects or hospitalization and surgery is required. Ms.

Sun failed to establish these preliminary requirements and admitted she could not meet the six-month duration. Therefore, the court granted her motion, dismissing the case for insufficient proof.