Amanda Roetto v. HHS - Influenza, Shoulder Injury (2018)

Filed 2017-09-26Decided 2018-02-08Vaccine Influenza
dismissed

Case summary [AI summaries can sometimes make mistakes]

Amanda Roetto filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered an injury to her left shoulder as a result of an influenza vaccination received on December 6, 2013. She later filed a motion to dismiss her own petition, acknowledging that she would be unable to prove entitlement to compensation.

Ms. Roetto understood that this dismissal would result in a judgment against her, ending her rights in the Program.

To receive compensation, a petitioner must prove either a "Table Injury" or that a covered vaccine actually caused their injury. The record did not contain evidence of a Table Injury, nor did it include a medical expert's opinion or other persuasive evidence demonstrating that the vaccine caused her alleged shoulder injury.

The decision noted that claims cannot be based on the petitioner's assertions alone and must be supported by medical records or opinions. Consequently, the case was denied and dismissed for insufficient proof of causation.

The court entered judgment accordingly.

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