Krystle Miller v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2026)
Case summary [AI summaries can sometimes make mistakes]
On October 11, 2022, Krystle Miller filed a petition alleging that an influenza vaccine administered on October 28, 2021 caused a shoulder injury related to vaccine administration. Ms.
Miller sought care three days later with shoulder pain and redness near the injection site. The record then showed continued shoulder complaints in November 2021, an MRI with normal-appearing cuff and labrum, physical therapy, and a corticosteroid injection.
By March 2022 she reported excellent relief, minor and livable discomfort, and was discharged from physical therapy after meeting all goals with no pain at rest and minimal discomfort. A May 2022 record stated the shoulder had finally resolved after steroid injection.
Respondent opposed compensation on the ground that Ms. Miller had not met the Vaccine Act's six-month severity requirement.
Although Ms. Miller and her husband later described continuing symptoms and home exercise, Chief Special Master Brian H.
Corcoran found the medical records showed about five months of treatment, improvement by March 2022, a ten-month gap before a February 2023 follow-up, and no further shoulder treatment. The claim was dismissed on January 9, 2026.
Theory of causation
Influenza vaccine October 28, 2021 allegedly causing left SIRVA; adult, exact age not stated; first care 3 days later. DISMISSED. Key issue was six-month severity. Evidence: early shoulder pain/redness, MRI normal cuff/labrum, PT, steroid injection, excellent relief by March 2022, PT discharge after goals met, May 2022 note of resolution, ten-month treatment gap, and later affidavits. Chief SM Brian H. Corcoran found severity not proven; no award. Petition October 11, 2022; decision January 9, 2026.
Source PDFs
USCOURTS-cofc-1_22-vv-01485