Tamie Blesi v. HHS - Influenza, shoulder injury (2016)
Case summary [AI summaries can sometimes make mistakes]
Tamie Blesi filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a left shoulder injury as a result of an influenza vaccination received on December 4, 2012. After filing her petition on February 17, 2016, Ms.
Blesi later moved to dismiss her own case, acknowledging that she lacked sufficient evidence to prove entitlement to compensation. She stated that an investigation of the facts and science supporting her case demonstrated she would be unable to prove her injury was vaccine-caused.
The court noted that to receive compensation, a petitioner must prove either a "Table Injury" or that the vaccine actually caused the injury. The record did not disclose evidence of a Table Injury, nor did it contain a medical expert’s opinion or other persuasive evidence indicating the vaccine caused her alleged shoulder injury.
The court found that the petition was not supported by sufficient medical records or opinions. Consequently, Ms.
Blesi's claim for compensation was denied and her case was dismissed for insufficient proof.
Source PDFs
USCOURTS-cofc-1_15-vv-00208