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

Melissa Ogea filed a petition alleging a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine she received on September 17, 2020. She stated that her arm became tender and painful the day after vaccination, and the pain intensified over the following weeks.

She initially managed her symptoms with over-the-counter medications and delayed seeking formal medical treatment due to work obligations and concerns about the COVID-19 pandemic. She eventually saw an orthopedist on January 7, 2021, less than four months after vaccination, who diagnosed subdeltoid bursitis and noted tears in her supraspinatus and subscapularis tendons.

She received a cortisone injection and continued to experience pain, opting for massage therapy and anti-inflammatory medication over physical therapy. Her sister and a friend corroborated her continued shoulder pain, with her sister recalling Ogea needing help moving plants in April 2021 due to the pain.

The respondent argued that Ogea failed to establish onset within 48 hours and that her injury did not meet the six-month severity requirement. However, the Chief Special Master found that Ogea provided preponderant evidence of onset within 48 hours, citing her own statement and corroborating testimony from friends and family.

The court also found that her symptoms likely continued for at least six months, supported by her continued use of medication and massage therapy, as well as witness testimony about her ongoing pain. Because Ogea satisfied the requirements for a Table SIRVA claim, she was found entitled to compensation, with a separate damages order to be issued.