Bethel Stevens v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2026)

On August 21, 2023, Bethel Stevens filed a petition seeking compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccination administered on September 28, 2021 caused a shoulder injury related to vaccine administration (SIRVA). The case began in the Special Processing Unit, but it did not resolve as a conceded Table SIRVA claim.

Respondent filed a Rule 4(c) report on May 3, 2024 opposing compensation. The government identified problems with proof that the vaccine had been administered in the allegedly injured right shoulder and with proof that shoulder pain began within the 48-hour onset period required for a Table SIRVA claim.

The case was later reassigned from the Special Processing Unit to Special Master Nora Beth Dorsey because those issues required further litigation. At a March 10, 2026 status conference, the special master discussed the onset problem with the parties.

The record suggested that the relevant shoulder pain may have begun in July 2021, before the September 2021 influenza vaccination. After further investigation, Ms.

Stevens moved for dismissal under Vaccine Rule 21(b) on March 27, 2026. She stated that she could not prove entitlement for SIRVA, that continuing the case would waste judicial resources, and that she understood judgment would end her Vaccine Program rights while preserving her ability to reject judgment and pursue any civil action rights.

Special Master Dorsey dismissed the petition with prejudice on March 27, 2026. No vaccine-injury compensation was awarded.