Mary Young v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
Mary Young filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on November 15, 2019. The case was dismissed because the court found that Ms.
Young failed to provide sufficient proof of the severity of her injury, which requires demonstrating residual effects for more than six months after vaccination. Ms.
Young's first post-vaccination treatment for left shoulder pain occurred five days after the flu shot, where she received a Kenalog injection. However, her primary care provider noted the pain was likely temporary.
She had subsequent visits for unrelated issues, during which she did not report shoulder pain, creating an 11-month gap in treatment for her shoulder. While she later sought orthopedic care and physical therapy for her shoulder, the court found her reports of ongoing pain were inconsistent with contemporaneous medical records, such as full range of motion noted on examination despite her complaints.
Her explanation for the treatment gap, citing feeling unheard by a previous provider and the COVID-19 pandemic, was not fully persuasive given the medical records and her ability to attend telehealth appointments. Ultimately, the court concluded that the record lacked sufficient evidence to establish that Ms.
Young suffered residual effects of her alleged SIRVA injury beyond November 2019, leading to the dismissal of her claim.
Source PDFs
USCOURTS-cofc-1_21-vv-01999