Elizabeth Schandel v. HHS - Influenza, rotator cuff tear (2015)

Elizabeth Schandel filed a claim on October 17, 2014, alleging that an influenza vaccination administered on October 20, 2011, caused her to suffer a rotator cuff tear. The parties filed a joint status report on April 10, 2015.

In this report, they agreed that Elizabeth Schandel's New York State claim was dismissed on February 23, 2015. Because her civil action was still pending when this Vaccine Program claim was filed on October 17, 2014, the parties agreed that the claim was not properly filed under the National Vaccine Injury Compensation Program and must be dismissed without prejudice.

Chief Special Master Denise Kathryn Vowell concurred with the parties' agreement and dismissed the claim without prejudice. She noted that if Elizabeth Schandel refiles her claim within one year of the dismissal of her civil action, the filing date of her New York State action will be considered the filing date of her Vaccine Act petition.

The clerk was directed to enter judgment accordingly. Damon Hagan, Esq., represented the petitioner, and Ann Martin, Esq., represented the respondent.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.