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

Justin Hargett filed a petition alleging that a flu vaccine received on November 4, 2020, caused a Table injury of shoulder injury related to vaccine administration (SIRVA). The respondent contested entitlement, arguing that the records did not specify the injection arm, that the pain was not limited to the left shoulder, that other conditions could explain the symptoms, and that symptom onset did not occur within the required 48-hour window.

Following a conference, the petitioner agreed to dismiss the Table SIRVA claim, acknowledging that the pain radiated to his left arm and neck, which did not meet the SIRVA criteria of pain being limited to the shoulder. The Chief Special Master dismissed the Table SIRVA claim, and the case was transferred out of the Special Processing Unit to pursue an off-Table claim for causation-in-fact.