Beverly Williams v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
Beverly Williams filed a petition alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received around March 18, 2018, and a pneumococcal conjugate vaccine (PCV13) received around April 20, 2018. The court dismissed her petition, finding she failed to establish entitlement to compensation.
Petitioner did not provide contemporaneous medical records to confirm the March 2018 flu vaccination, and her physician's letters offered conflicting dates for this vaccination. Furthermore, the court found that Petitioner did not establish the onset of right shoulder pain within 48 hours of either vaccination.
She did not seek treatment for shoulder pain until over seven months after the PCV13 vaccine, and her own statements suggested the pain began much later. Even when she did seek treatment, she did not initially relate the pain to vaccination.
The court also noted that Petitioner failed to respond to a show cause order regarding why the case should not be dismissed. Because Petitioner did not establish a proximate temporal relationship between the vaccination and the injury, she could not prevail on an off-Table claim.
Therefore, the case was dismissed for insufficient evidence.
Source PDFs
USCOURTS-cofc-1_21-vv-01006