Erin O’Leary v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2024)

Erin O’Leary filed a petition alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 27, 2020. She claimed the injury was a Table Injury and that her pain began a few hours after vaccination.

However, the medical records did not support an acute onset of pain within the required 48-hour timeframe for a Table SIRVA. Petitioner's initial medical records, from January and February 2021, described gradually increasing left shoulder pain over a couple of months, with no mention of the flu vaccine.

She attributed her pain to working out and Zumba classes, and x-rays showed degenerative changes. Petitioner did not attribute her shoulder pain to the flu vaccine until August 2022, after her symptoms had resolved and after retaining counsel.

The court noted that Petitioner also received COVID vaccines in the same shoulder during her physical therapy treatment. Despite being given an opportunity to supplement the record, Petitioner failed to provide sufficient evidence to establish entitlement.

Consequently, the case was dismissed for failure to provide preponderant evidence.