Marylou April Gracia v. HHS - Hepatitis B, shoulder injury related to vaccine administration (SIRVA) (2025)

Marylou April Gracia filed a petition alleging a shoulder injury related to vaccine administration (SIRVA) from a hepatitis B vaccine received on July 17, 2023. The respondent contested compensation, arguing the claim did not meet the severity requirement, that other conditions could explain the symptoms, that the symptoms were not limited to the vaccinated shoulder, and most critically, that the onset of pain did not occur within the 48-hour window required for a Table SIRVA claim.

The petitioner's medical records showed conflicting information regarding the onset of her shoulder pain, with some entries suggesting onset weeks or months after vaccination, while her affidavits and later medical notes indicated immediate or near-immediate onset. The court found that while the severity requirement was likely met and other conditions did not preponderantly explain the symptoms, the evidence regarding the onset of pain was conflicting and presented a risk to the petitioner.

Given the evidentiary dispute and likely modest damages, the parties were encouraged to attempt informal resolution.