Nadia Israel v. HHS - Influenza, left shoulder injury including alleged SIRVA, bursitis, tendinosis, impingement, and rotator cuff/biceps injury (2026)
Case summary [AI summaries can sometimes make mistakes]
On June 17, 2022, Nadia Israel filed a petition alleging that an influenza vaccine administered on November 6, 2020 caused a left shoulder injury, including SIRVA, subacromial/subdeltoid bursitis, supraspinatus tendinosis, impingement, bicipital tendinitis, rotator cuff syndrome, stiffness, and biceps or rotator cuff tearing. Respondent opposed entitlement, arguing that the medical records did not establish pain within 48 hours and that Ms.
Israel had not provided reliable expert proof for an off-Table causation claim. The case proceeded through a Rule 4 report, status conferences, and a hearing.
The Special Master later noted credibility concerns in the record, including evidence relating to a separate lawsuit that conflicted with Ms. Israel's testimony.
After the Special Master ordered petitioner to show cause, Ms. Israel moved to dismiss the petition.
Special Master Christian J. Moran dismissed the case with prejudice on January 12, 2026, finding that the record did not support compensation under the Vaccine Act.
Theory of causation
Influenza vaccine November 6, 2020 allegedly causing left SIRVA and multiple shoulder diagnoses; adult, exact age not stated. DISMISSED. Respondent argued onset within 48 hours was not established and no reliable Althen expert proof supported off-Table causation. The record included credibility concerns after hearing. Petitioner moved to dismiss after show-cause proceedings. SM Christian J. Moran dismissed with prejudice; no award. Petition June 17, 2022; decision January 12, 2026.
Source PDFs
USCOURTS-cofc-1_22-vv-00690