Liza Orban v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Liza Orban filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on November 30, 2019. She also asserted that the flu vaccine caused her injury in fact.

The court previously ruled that the onset of her shoulder pain occurred at least 51 days after vaccination, which is beyond the 48-hour timeline for a Table SIRVA claim, and dismissed that part of her claim. The court also directed Ms.

Orban to show cause why her causation-in-fact claim should not be dismissed, as the evidence did not appear sufficient to prevail. Ms.

Orban responded that she was unable to obtain additional evidence to overcome the onset ruling or demonstrate that her injury met the Althen standard for causation-in-fact. She stated that proceeding further would be unreasonable and a waste of resources.

The court found that the record did not contain sufficient medical records or a medical opinion to demonstrate entitlement to compensation. Consequently, Ms.

Orban's claim for compensation was denied, and the case was dismissed for insufficient proof.