Elizabeth Fellows v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2026)

Elizabeth Fellows filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine received on October 9, 2019. She experienced pain two weeks after vaccination, which persisted and worsened.

She sought physical therapy in December 2019 and again in October 2020, noting that the pain in 2020 was the same problem she had experienced the previous year. Respondent contested entitlement, arguing that the ten-month gap in treatment between December 2019 and October 2020 meant she did not demonstrate residual effects for more than six months.

The court found that the evidence preponderantly established that Petitioner likely suffered residual effects for more than six months, noting the impact of the COVID-19 pandemic on seeking care and the petitioner's own testimony about persistent pain. The court also found that Petitioner satisfied the Table and Qualifications and Aids to Interpretation (QAI) criteria for SIRVA, including no prior history of shoulder issues, pain onset within 48 hours, symptoms limited to the affected shoulder, and no other condition explaining the symptoms.

Petitioner also met the statutory requirements for receiving a covered vaccine in the United States and not having filed a civil action or received other compensation. Therefore, the court ruled that Elizabeth Fellows is entitled to compensation.