Rosemary Harville v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2024)

Rosemary Harville filed a petition alleging that an influenza vaccination she received on September 27, 2018, caused a Table Injury of Guillain-Barré syndrome, and later amended her petition to allege a Table Injury of Shoulder Injury Related to Vaccine Administration (SIRVA). She submitted medical records and a neurologist's report.

Respondent filed a Rule 4 report recommending against compensation and later responsive reports from a rheumatologist and a neurologist. The Special Master issued a preliminary evaluation noting that the petitioner's proffered medical opinion was limited to supporting a Table SIRVA claim but that she was unlikely to meet the required criteria, specifically regarding the localization of symptoms to the vaccination shoulder and the absence of other explanatory conditions.

The Special Master recommended that the petitioner consider voluntarily dismissing her claim, suggesting she would likely need to provide new expert opinions to prove causation-in-fact if she intended to proceed. Subsequently, the petitioner filed a joint stipulation of dismissal.

The case was dismissed without prejudice.