Ann Kaiser v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2026)

Ann Kaiser filed a petition on February 26, 2024, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 5, 2021. The respondent argued that the medical records did not establish that the injury began within 48 hours of vaccination, as required for a Table SIRVA claim.

The court reviewed medical records and a declaration from Ms. Kaiser.

While Ms. Kaiser had two intervening medical visits without reporting shoulder pain, she did report arm pain approximately four weeks after vaccination, and subsequent records consistently linked her shoulder pain to the flu shot.

The court found that the evidence preponderantly supported that the onset of her shoulder pain occurred within 48 hours of vaccination, satisfying the Table criteria. The parties were encouraged to attempt informal resolution regarding settlement or damages, with the court noting the injury appeared mild and likely to result in a modest award.

The respondent was ordered to file a status report on how to proceed.