Sherri Pulsipher v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)

Sherri Pulsipher, a 66-year-old woman, received an influenza vaccine on October 24, 2020. She alleged that within hours of the vaccination, she developed shoulder pain and limited range of motion, consistent with Shoulder Injury Related to Vaccine Administration (SIRVA).

Ms. Pulsipher sought compensation under the National Vaccine Injury Compensation Program, first arguing that her condition qualified as a Table Injury.

She contended that her injury met all four criteria for SIRVA, including onset within 48 hours and that her underlying osteoarthritis did not explain her symptoms, but was instead triggered by the vaccine. Alternatively, she argued for compensation under an "off-Table" claim, asserting that the vaccine caused her shoulder injury-in-fact.

She presented expert testimony from Dr. Uma Srikumaran, who opined that the vaccine caused bursitis, which in turn activated her previously asymptomatic osteoarthritis.

Respondent argued that Ms. Pulsipher failed to meet the criteria for a Table Injury, particularly the fourth criterion, as her osteoarthritis was a sufficient explanation for her symptoms.

Respondent also contended that her "off-Table" claim failed because her medical theory was not sound or reliable, citing the lack of evidence linking vaccine-induced inflammation to osteoarthritis and the fact that her rotator cuff remained intact, separating the subacromial bursa from the glenohumeral joint. The Special Master denied Ms.

Pulsipher's claim, finding she did not meet the fourth SIRVA criterion and that her "off-Table" claim lacked a reliable medical theory or a logical sequence of cause and effect. On appeal, the Court of Federal Claims affirmed the Special Master's decision, finding that Ms.

Pulsipher waived her argument challenging the validity of the SIRVA regulation and that the Special Master correctly applied the Althen standard for actual causation. Therefore, Ms.

Pulsipher was not entitled to compensation.