Kelly Michelle Izell v. HHS - Influenza, shoulder injury (2016)

Kelly Michelle Izell filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered an injury to her right shoulder as a result of an influenza vaccination received on October 18, 2014. The petition was filed on October 16, 2015.

After reviewing the case, Ms. Izell moved for a decision dismissing her petition, acknowledging that there was insufficient evidence to demonstrate entitlement to compensation.

She stated that an investigation of the facts and science supporting her case showed she would be unable to prove entitlement. The court noted that to receive compensation, a petitioner must prove either a "Table Injury" or that the injury was actually caused by a covered vaccine.

The record did not disclose evidence of a Table Injury, nor did it contain a medical expert’s opinion or other persuasive evidence indicating that the alleged shoulder injury was vaccine-caused. As compensation cannot be awarded based on claims alone, and the petition was not supported by sufficient medical records or opinions, the court denied Ms.

Izell's claim and dismissed the case for insufficient proof. Judgment was entered accordingly.