Base-Marthe Clairmy v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2026)

Base-Marthe Clairmy filed a petition alleging SIRVA after receiving influenza and Tdap vaccines on October 23, 2019. She is 65 years old.

The petition was filed on January 12, 2021. The court found that the onset of her left shoulder pain likely occurred within 48 hours of vaccination, satisfying the Table SIRVA onset requirement.

However, the court noted deficiencies in the claim regarding symptom location and the existence of viable alternative causes, specifically severe arthritis and a labral tear identified on MRI and during arthroscopic surgery. The court found that the record as it currently stands does not support these Table elements.

The decision orders Petitioner to show cause why her Table claim should not be dismissed, requiring her to provide outstanding medical records and evidence to meet the third and fourth Table criteria. The court also noted that a non-Table claim might be viable but would require expert testimony and compensation would be limited to vaccine-related symptoms.

The parties were encouraged to renew settlement discussions. The case is currently pending further proceedings.